Raghuraj Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 4911 MP

              HIGH COURT OF MADHYA PRADESH,
                      BENCH AT GWALIOR
                         Cr.R. No.1987/2021
                (Raghuraj Singh Vs. The State of M.P. )
                                 (1)

Gwalior, dated : 01/09/2021

      Shri B.Raj Pandey, Advocate for the petitioner through Video

Conferencing.

      Heard on the question of admission.

      Admit.

      Shri Manish Nayak, Panel Lawyer accepts notice on behalf of

respondent/State.

Records of the Courts below be called for.

I.A. No.25806/2021, an application for urgent hearing is

allowed.

Heard on I.A. No. 25807/2021, which is an application for

suspension of sentence and grant of bail filed on behalf of the

petitioner.

The petitioner has been convicted under section 323 of the

IPC and sentenced to suffer three months' R.I. with fine of Rs.500/-

and also under section 354 of the IPC to undergo R.I. for 1 year with

fine of Rs.500/-, in default to suffer additional imprisonment of 15

days for each offence, by the impugned judgment dated 13/2/2017

passed in Criminal Case No.89/2014 by Additional Chief Judicial

Magistrate, Kolaras, District Shivpuri and affirmed vide judgment

dated 2/8/2021 passed in Cr.A. No.88/2017 by I Additional Sessions

Judge, Shivpuri.

Learned counsel for the petitioner submits that both the Courts HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.R. No.1987/2021 (Raghuraj Singh Vs. The State of M.P. )

below have mis-appreciated the evidence on record. The independent

witnesses and material eye-witness have not supported the

prosecution version. The petitioner has remained on bail during trial

and has not misused the liberty so granted. Attention has also been

invited to the guidelines issued to all the States and Union Territories

by the Apex Court for de-congesting the prisons in suo motu W.P.

(C) No. 1/2020 (IN RE : CONTAGION OF COVID 19 VIRUS IN

PRISONS), as well as, W.P. No. 9320/2021 (In refernce (suo motu)

Vs. State of M.P. And others) to consider release of prisoners who

have been convicted or are under trial for offences for which

prescribed punishment is up to 7 years or less by constituting a High

Powered Committee. There are fair chances of success of this

revision. The revision may take long time for its conclusion and the

petitioner cannot be kept in custody for an unlimited period. With the

aforesaid submissions, it is prayed that the execution of sentence be

suspended and the petitioner may be released on bail.

On the other hand, learned Panel Lawyer opposed the prayer.

Keeping in view the aforesaid submission of learned counsel

for the parties and the facts and circumstances of the case, 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) with one solvent HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.R. No.1987/2021 (Raghuraj Singh Vs. The State of M.P. )

surety in the like amount to the satisfaction of trial Court for his

appearance before the Registry of this Court on 29th September,

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 also 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. The

petitioner shall install Arogya Setu App. in his mobile phone.

Certified copy/e-copy as per rules/directions

(S.A.Dharmadhikari) Judge

(and)

ANAND SHRIVASTAVA 2021.09.02 10:45:18 +05'30'