Deva vs The State Of Madhya Pradesh
2021 Latest Caselaw 5476 MP

                                                                      1                                CRR-717-2021
                                            The High Court Of Madhya Pradesh
                                                       CRR-717-2021
                                                    (DEVA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                   6
                                   Indore, Dated : 15-09-2021
                                           Shri Gopal Yadav, learned counsel for the applicants.
                                           Shri Sudhanshu Vyas, learned Panel Lawyer for the respondent / State.

Heard on I.A.No.24891/2021, which is an application under Section 397 of Cr.P.C. for suspension of sentence and for grant of bail filed on behalf of all the applicant no. 1 Deva and applicant no. 3 - Kailash.

The applicant No.1 and 3 have been convicted under section 354, 147, 323/149, 427/149 and 451 of the Indian Penal Code, 1860 and have been sentenced to under go 01 year RI, 06 months RI, 05 months RI, 06 months RI and 06 months RI respectively with fine of Rs.200/- (u/s 354) and Rs.200/- (u/s 451) with default stipulation and applicant No.2, 4 and 5 have been convicted under Section 147, 323/149, 427/149 and 451 of the Indian Penal Code, 1860 and have been sentenced to under go 06 months RI, 05 months RI, 06 months RI and 06 months RI respectively with fine of Rs.200/- (u/s 451) with default stipulation vide judgment dated 13.01.2021

passed in Criminal Appeal No.20/2017 by Additional Sessions Judge, Dharampuri, District Dhar.

Learned counsel for the applicants submits that the applicants are innocent and they have not committed the crime as alleged. Applicants are in custody since 01/03/2021.They have already suffered about six months of jail incarceration (jail report annexed) out of total sentence of one year awarded to them. It is submitted that learned Courts below have not properly appreciated the evidence, and committed error. During COVID-19 pandemic the regular criminal revisions are not being taken up for consideration on merits. Therefore, prays for suspension of sentence and enlargement of Signature Not Verified SAN applicant on bail, on such terms and conditions this Court deems fit and

Digitally signed by SEHAR HASEEN Date: 2021.09.16 10:48:30 IST 2 CRR-717-2021 proper.

Learned Public Prosecutor opposes the application for suspension of sentence.

Taking into consideration the facts and circumstances of the case and the fact that revision will take time, and the applicants No.1 and 3 have already suffered jail incarceration of 06 months out of total sentence, the

application is allowed. It is directed that the jail sentence of the applicants No 1 and 3 namely; Deva and Kailash shall remain suspended and they be released on bail on their furnishing personal bond in the sum of Rs.1,50,000/- (Rs. One Lac and Fifty Thousand Only) each with separate solvent sureties in the like amount to the satisfaction of the trial Court. The applicants are directed to appear before the Registry of this Court on 25.10.2021 and on other subsequent dates as may be fixed in this behalf with following further conditions. :-

(i) the applicants shall 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);

( i i ) the concerned jail authorities are directed that before releasing the applicants, the medical examination of the applicants be conducted through the jail doctor and if it is prima-facie found that they are having any symptoms of COVID- 19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicants shall be released on bail in terms of the conditions imposed in this order.

(iii) In the event of violation of any of the terms and conditions of the order by the applicants, the prosecution is at liberty to seek cancellation of the bail granted to the applicants.

Accordingly, the IA stands disposed of .

E-certified copy as per rules

(ROHIT ARYA) Signature Not Verified SAN JUDGE

Digitally signed by SEHAR HASEEN Date: 2021.09.16 10:48:30 IST 3 CRR-717-2021

Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2021.09.16 10:48:30 IST