Hemraj Gurjar vs The State Of Madhya Pradesh
2021 Latest Caselaw 6817 MP

                                   1                               CRR-2629-2021
        The High Court Of Madhya Pradesh
                   CRR-2629-2021
                  (HEMRAJ GURJAR Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 25-10-2021
       Shri Anshu Gupta, learned counsel for the petitioner.
       Shri Manish Nayak, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

This criminal revision appears to be arguable, hence it is admitted for final hearing. Record of the courts below be requisitioned.

Also heard on I.A. No.30349/2021, which is first application for suspension of sentence and grant of bail to the petitioner.

This criminal revision has been preferred against the judgment dated 08.10.2021 passed by Sessions Judge, Sheopur, District Sheopur in Cr.A. No.28/2021 arising out of the judgment dated 24.06.2021 passed by Judicial Magistrate First Class, Sheopur, District Sheopur in RCT No.800727/2014, whereby the petitioner has been convicted under Section 279 of IPC and sentenced to undergo three months' rigorous imprisonment with fine of Rs.500/-, under Section 304-A of IPC and sentenced to undergo two years'

rigorous imprisonment with fine of Rs.2000/- and under Section 3/18 of Motor Vehicle Act and sentenced to deposit fine of Rs.500/- alongwith default stipulations.

Learned counsel for the petitioner submits that the petitioner has been wrongly convicted. The learned trial Court has erred in appreciating the evidence on record. He was on bail during trial and he did not misuse the liberty so granted. The fine amount has already been deposited by him. An early hearing of this revision is not possible and owing to Covid-19 outbreak, detention of the petitioner in already congested prisons may be detrimental. The petitioner is a permanent resident of District Sheopur. There are fair chances of success of this revision. He is ready to abide all the conditions as imposed by this Court. Under these circumstances, the execution of sentence 2 CRR-2629-2021 be suspended and the petitioner be released on bail.

Learned Panel Lawyer for the State opposed the prayer and prays for dismissal of the application.

An early hearing of this case is not possible. Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits thereof, the I.A. is allowed.

It is therefore, directed that if petitioner deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 20th December, 2021 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail. The petitioner shall furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

A copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.

(S. A. DHARMADHIKARI) JUDGE

shanu*

Digitally signed by SHANU RAIKWAR Date: 2021.10.26 10:20:42 -07'00'