Munesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6311 MP

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          The High Court Of Madhya Pradesh
                    CRR-2408-2021
             (MUNESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated:-01/10/2021
      Shri Pradeep Katare, learned counsel for the applicants.

      Shri Ramadhar Chaubey, learned Public Prosecutor for the

respondent/State.

Record of the trial Court be called for.

Heard on I.A.No.29403/2021, an application under Section

397(1) of Cr.P.C. for suspension of jail sentence moved on behalf of

the appellants- Munesh, Praveen, Rakesh for suspension of sentence

and grant of bail.

This criminal appeal has been filed against the judgment dated

22/09/2021 passed by Sixth Additional Sessions Judge, Bhind, District

Bhind (M.P.) in Criminal Appeal No.192/2016 by which applicants

have been convicted and sentenced as under:

Section              Sentence          Fine              In        default
                                                         stipulation
452 of IPC           Three months      Rs.2000/-         Seven days
323 (two count) Three           months Rs.1000/- (for Seven days (for
                (for             every every count)   every count)
                count)

It is submitted by learned counsel for the applicants that this is

first application for suspension of sentence on behalf of the applicants.

It is further submitted that the applicants have been wrongly convicted

by the trial Court. There are lots of contradictions and omissions in the

evidence of the prosecution witnesses. Applicants are on bail and they

have not misused the liberty granted to them and the fine amount have

The High Court Of Madhya Pradesh CRR-2408-2021 (MUNESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

already been deposited. Learned counsel for the applicants further

submits that hearing of this revision shall take considerably long time.

Under these circumstances, he prayed to suspend the jail sentence of

the applicants and grant bail. Applicants shall further submit an

undertaking to the effect that he will abide by the terms and conditions

of different circulars, orders as well as guideline issued by Central

Government, State Government as well as Local Administration for

maintaining social distancing, hygiene etc to avoid Novel Corona

Virus (COVID -19) pandemic.

On the other hand, learned State counsel opposed the prayer and

prayed for dismissal of the application for suspension of sentence.

Heard learned counsel for the parties at length and perused the

materials available on record.

In view of the aforesaid and considering the facts and

circumstances of the present case, without commenting upon the

merits of the case, it would be appropriate to accept the application of

the applicants

Consequently, I.A.No.29403/2021 is hereby allowed.

If the applicants furnish bail bond in the sum of Rs.25,000/-

(Rupees Twenty Five Thousand Only) each with one surety each of

the like amount to the satisfaction of the trial Court, the remaining jail

sentence of the applicants shall remain suspended and they be released

The High Court Of Madhya Pradesh CRR-2408-2021 (MUNESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

on bail. The applicants are further directed to mark their appearance

before the Registry of this Court on 13.12.2021 and on subsequent

dates given by the office in this regard, till final disposal of this

revision.

In view of COVID-19 pandemic, the Jail Authorities are

directed that before releasing the applicant, their Corona Virus test

shall be conducted and if it is found negative, then the concerned local

administration shall make necessary arrangements for sending the

appellants to their house, and if the test is found positive then the

applicants shall be immediately sent to concerning hospital for their

treatment as per medical norms. If the applicants are fit for release and

if they are in a position to make their personal arrangements, then they

shall be released only after taking due travel permission from local

administration. After release, the applicants are further directed to

strictly follow all the instructions which may be issued by the Central

Govt./State Govt. or Local Administration for combating the Covid-

19. If it is found that the applicants have violated any of the

instructions (whether general or specific) issued by the Central

Govt./State Govt. or Local Administration, then this order shall

automatically lose its effect, and the Local Administration/Police

Authorities shall immediately take them in custody and would send

them to the same jail from where they were released.

The High Court Of Madhya Pradesh CRR-2408-2021 (MUNESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

The applicants are further directed to inform the SHO of

concerned police station about their residential address in the said area

and it would be the duty of the Public Prosecutor to send E-copy of

this order to SHO of concerned police station for information.

List the case for final hearing in due course.

E- copy of this order be sent to the Court below concerned for

compliance.

Certified copy/ e-copy as per rules/directions.

(Rajeev Kumar Shrivastava) Judge Monika

Digitally signed by MONIKA SHARMA

MONIKA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya

SHARMA Pradesh, 2.5.4.20=1cbbae26c87c00013f504674 8e62527c7ddf7dd9146694af9eed96f 47a359612, cn=MONIKA SHARMA Date: 2021.10.01 17:53:48 +05'30'