Imrat Singh Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 8014 MP

             HIGH COURT OF MADHYA PRADESH,
                   BENCH AT GWALIOR
                         Cr.A. No.7070/2021
          ( Imrat Singh Yadav & another Vs. The State of M.P.)
                                   (1)

Gwalior, dated : 30.11.2021

         Shri Rajmani Bansal, Advocate for the appellants.

         Shri B.M.Shrivastava, Public Prosecutor for the respondent-

State.

Heard on I.A.No.32391/2021, first application under section

389(1) Cr.P.C., seeking suspension of sentence and grant of bail filed

on behalf of appellant Imrat Singh Yadav.

The appellant has been convicted under section 471 of IPC

and sentenced to suffer rigorous imprisonment of 4 years with fine of

Rs.1,000/- in default to suffer R.I. for 6 months vide judgment dated

15/11/2021 passed in ST No.500106/2014 by the V Additional

Sessions Judge, Guna.

Learned counsel for the appellant submits that appellant is

innocent and has been falsely implicated in the case. The trial Court

has mis-appreciated the evidence on record. During trial the

appellant was on bail and has not misused the liberty so granted.

Final disposal of the appeal is likely to take time. The trial Court has

already suspended the execution of jail sentence till 22/12/2021. Fine

amount has already been deposited. On these grounds, learned

counsel prays that execution of the jail sentence of the appellant may

be suspended and he may be enlarged on bail.

Per contra, learned Public Prosecutor opposes the bail

application and prayed for its rejection.

Considering the facts and circumstances of the case and HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.7070/2021 ( Imrat Singh Yadav & another Vs. The State of M.P.)

submission of learned counsel for the parties but, without expressing

any opinion on merits of the case, this Court is of the view that the

application deserves to be allowed. It is, accordingly, directed that

execution order of jail sentence of the appellant namely Imrat

Singh Yadav shall remain suspended during pendency of this appeal

and he shall be enlarged on bail subject to furnishing personal bond

in the sum of Rs.1,00,000/- (Rupees One Lakhs Only) with one

solvent surety in the like amount to the satisfaction of the Trial Court

and also subject to deposit of the fine amount (if not already

deposited) for appearance before the Registry of this Court on

10/3/2022, and on further dates as may be directed by the Registry in

that regard, with following further conditions:

(i) the appellant will abide by the terms and conditions of

various circulars and orders issued by the Government

of India and the State Government as well as the local

administration from to time in the matter of maintaining

social distancing, physical distancing, hygiene, etc., to

avoid proliferation of Novel Corona virus (COVID-19);

(ii) the concerned Jail Authorities are directed that before

releasing the appellant, the medical examination of the

appellant be conducted through the jail doctor and if it

is prima facie found that he is having any symptoms of

COVID-19, then the consequential follow up action

including the isolation/quarantine or any further test HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.7070/2021 ( Imrat Singh Yadav & another Vs. The State of M.P.)

required be undertaken immediately.

(iii) On violation of the conditions, State is free to

apply for cancellation of bail.

Accordingly, the I.A. stands allowed and disposed of.

Certified copy as per rules.

(Rohit Arya) Judge (and) ANAND SHRIVASTAV A 2021.12.01 09:58:14 +05'30'