Madhya Pradesh High Court
Vishnu vs The State Of Madhya Pradesh on 4 October, 2021
Author: Rohit Arya
1 CRA-5599-2021
The High Court Of Madhya Pradesh
CRA-5599-2021
(VISHNU AND OTHERS Vs THE STATE OF MADHYA PRADESH)
2
Indore, Dated : 04-10-2021
Shri D.S. Panwar, learned counsel for the appellant.
Shri Somil Ekadi, learned Panel Lawyer for the respondent-State.
Heard on I.A.No.26125/2021, first application under section 389(1)
Cr.P.C., seeking suspension of sentence and grant of bail filed on behalf of
the appellants.
The present appellants have been convicted under section 325/34 of
IPC and sentenced to suffer rigorous imprisonment of 3 years with the fine of
Rs.5,000/-, under section 504 of IPC and sentenced to suffer rigorous
imprisonment of 2 years with the fine of Rs.500/- and under section 506 Part-
2 of IPC and sentenced to suffer rigorous imprisonment of 3 years with the
fine of Rs.1,000/- with default stipulation vide judgment dated 08/09/2021
passed in ST No.428/2019 by the V Additional Sessions Judge, Dewas,
District Dewas.
Learned counsel for the appellants submits that appellants are innocent
and has been falsely implicated in the case. During trial, they remained on bail
and did not misuse the liberty granted to them. Due to the Covid-19
pandemic, final disposal of the appeal shall take time. On these grounds,
learned counsel prays that execution of the jail sentence of the appellants may
be suspended and he may be enlarged on bail.
Per contra , learned Panel Lawyer opposes the bail application and
prayed 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
o f the case, this Court is of the view that the application deserves to be
allowed.
Signature Not Verified
SAN
Consequently, I.A. is hereby allowed and it is directed that execution
Digitally signed by VIBHA PACHORI
Date: 2021.10.05 17:39:08 IST
2 CRA-5599-2021
of jail sentence of the appellants shall remain suspended during pendency of
this appeal and they shall be enlarged on bail subject to furnishing personal
bond in the sum o f Rs.1,00,000/- (Rupees One Lakhs Only) each with
one solvent surety each 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 22.12.2021,
and on further dates as may be directed by the Registry in that regard, with
following further conditions:
(i) the appellants 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
appellants, the medical examination of the appellants 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 required be undertaken immediately.
Learned Panel Lawyer is directed to send an e-copy of this order to all
the concerned including the concerned Station House Officer of the police
station for information and necessary action.
Let the record of Courts below be requisitioned.
E-certified copy as per rules.
(ROHIT ARYA)
JUDGE
Vibha
Signature Not Verified
SAN
Digitally signed by VIBHA PACHORI
Date: 2021.10.05 17:39:08 IST
