Rajya Alias Rajendra Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 5626 MP

                                     1
          The High Court Of Madhya Pradesh
                    CRA-5276-2021
(RAJYA @ RAJENDRA SINGH & OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Gwalior, Dated:-17/09/2021
      Shri Rajmani Bansal, learned counsel for the appellants.

      Smt.    Abha     Mishra,   learned     Public   Prosecutor   for   the

respondent/State.

I.A. No.26962/2021, an application for urgent hearing is taken up,

considered and allowed for the reasons mentioned therein.

Heard on I.A.No.26961/2021 under Section 389(1) of Cr.P.C.

filed by appellants.

Vide judgment dated 26/08/2021 passed by Special Judge,

SC/ST Act, Guna, District Guna (M.P.) in SC ATR No.200099/2015,

the appellants have been convicted and sentenced as under:

Section             Sentence          Fine               In        default
                                                         stipulation
325/34         (2 Two years of Rs.1000/-                 Three     months
counts) of I.P.C. R.I.                                   R.I.
read        with
section 3(1)(10)
of SC & ST Act.
323/34        (4 Six months of Rs.500/-                  Three     months
counts) of IPC R.I.                                      R.I.
read        with
section 3(1)(10)
of SC & ST Act

It is submitted by learned counsel for the appellants that the

Court below has wrongly convicted the appellants without

appreciating the evidence and materials available on record. The

appellants were on bail and they have not misused the liberty granted

to them and the fine amount have already been deposited. Learned

The High Court Of Madhya Pradesh CRA-5276-2021 (RAJYA @ RAJENDRA SINGH & OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

counsel for the appellants further submits that hearing of this appeal

shall take considerably long time. Under these circumstances, he

prayed to suspend the jail sentence of the appellants and grant bail.

On the other hand, learned Public Prosecutor opposed the

prayer and prayed for dismissal of the application for suspension of

sentence.

Heard learned counsel for the parties at length.

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 appellants.

Consequently, I.A.No.26961/2021 is hereby allowed.

If the appellants furnishes a bail bond in the sum of Rs.50,000/-

(Rupees Fifty thousand Only) each along with one surety bond of

the like amount to the satisfaction of the trial Court and undertakes

that they will appear before the Registry of this Court on 06/12/2021

and on subsequent dates given by the office for their appearance till

the disposal of the present appeal, then the appellants shall be released

on bail and execution of jail sentence is suspended till the disposal of

this appeal.

Appellants would intimate their place of residence to the SHO

of concerned Police Station, where he resides. Appellants shall further

The High Court Of Madhya Pradesh CRA-5276-2021 (RAJYA @ RAJENDRA SINGH & OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

submit an undertaking to the effect that they 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.

In view of COVID -19, jail Authorities are directed that before

releasing the appellants, preliminary medical examination of

appellants shall be undertaken by the jail doctor and on prima facie, if

it is found that they are having the symptoms of COVID-19, then

consequential follow up action including the isolation/quarantine or

any test if required, be ensured, otherwise appellants shall be released

immediately on bail and shall be given a pass or permit for movement

to reach their place of residence.

E-copy of this order be provided to the appellants' counsel and

the same be sent to the trial Court concerned for compliance.

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

(Rajeev Kumar Shrivastava) Judge Monika

Digitally signed by MONIKA SHARMA DN: c=IN, o=HIGH COURT OF

MONIKA MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011,

SHARMA st=Madhya Pradesh, 2.5.4.20=1cbbae26c87c00013f50467 48e62527c7ddf7dd9146694af9eed9 6f47a359612, cn=MONIKA SHARMA Date: 2021.09.17 15:30:55 +05'30'