Madhya Pradesh High Court
Vikram @ Bheem vs The State Of Madhya Pradesh on 1 October, 2021
Author: Rohit Arya
1 CRA-1004-2016
The High Court Of Madhya Pradesh
CRA-1004-2016
(VIKRAM @ BHEEM AND OTHERS Vs THE STATE OF MADHYA PRADESH)
14
Indore, Dated : 01-10-2021
Heard through Video Conferencing.
Shri Milind Phadke, learned counsel for the appellants.
Shri Prateek Patwardhan, learned Panel Lawyer for the
respondent/State.
Heard on I.A.No.25728/2021, an application for suspension of
sentence filed on behalf of appellant no.2-Ishwar.
T he appellant has been convicted under Section 392,397/34 of
IPC and sentenced to undergo 10 years,7 years RI with fine of Rs.5000/- and
Rs.2,000/- respectively with default stipulation, vide judgment dated
15.07.2016 passed by Sessions Judge Shujalpur, District Shajapur in
S.T.No.256/2015.
Learned counsel for the appellants submits that the appellant is
innocent and has have been falsely roped in the offence. The appellant has
undergone sentence for a period of 7 years 5 months and 6 days till the date
of filing of this application. Due to the Covid-19 pandemic, final disposal of
the appeal shall take time. On the ground of long jail incarceration, learned
counsel prays that execution of jail sentence of the appellant may be
suspended and he be enlarged on bail.
Learned Panel Lawyer opposes the bail application and prays for its
rejection.
Considering the facts and circumstances of the case and submission of
learned counsel for the parties but, without expressing any opinion on merits
of the case and looking to the ground of long period of jail incarceration of
the appellant, I am of the view that the application deserves to be allowed.
Consequently, I.A. No.25728/2021, is hereby allowed and it is directed
Signature Not VerifiedDigitally signed by
SAN REENA JOSEPH
that execution of jail sentence of the appellant shall remain suspended during
Date: 2021.10.01
18:27:25 IST
2 CRA-1004-2016
pendency of this appeal and he be enlarged on bail subject to his furnishing
personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only)
with one solvent surety in the like amount to the satisfaction of the trial
Court. The appellant is directed to appear before the Registry of this Court
on 20.12.2021 and on other subsequent dates as may be fixed in this behalf
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 time to time in the
matter of maintaining social distancing, physical distancing, hygiene,
etc, to avoid proliferation of Novel Corona virus(COVID-19);
(i) 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 or any further test
required be undertaken immediately.
Learned Panel Lawyer is directed to send e-copy of this order to all the
concerned including the concerned Station House Officer of the Police
Station for information and necessary action.
Accordingly, the IA stands disposed of.
(ROHIT ARYA)
JUDGE
RJ
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN REENA JOSEPH
Date: 2021.10.01
18:27:25 IST
