Prahlad Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 5682 MP

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          THE HIGH COURT OF MADHYA PRADESH,
                       BENCH AT GWALIOR
                            CRR-2205-2021
                    (Prahlad Singh Vs. State of M.P.)

Gwalior, Dated : 20/09/2021

      Shri R.B.S.Tomar, learned counsel for the applicant.

      Shri P.P.S. Bajeeta, learned Public Prosecutor for the

respondent/State.

IA No.27904/2021, an application for urgent hearing, is taken

up, considered and allowed for the reasons mentioned therein.

Heard on the question of admission.

The revision appears to be arguable, therefore, it is admitted.

Let record of the trial Court be called for.

Also heard on I.A. No.27905/2021, an application for

suspension of jail sentence filed on behalf of the sole applicant-

Prahlad Singh.

This revision is directed against the impugned judgment of

conviction dated 06/09/2021 passed by Additional Sessions Judge,

Mehgaon, District- Bhind (M.P.) in Criminal Appeal No.26/2020,

modifying the judgment of conviction and order of sentence passed by

Judicial Magistrate First Class, Mehgaon, District- Bhind (M.P.) vide

judgment dated 29/08/2017 in Criminal Case No.42/2012 and the

applicant has been convicted and sentenced in following terms:-

     Sections             Sentence        Fine (Rs.)      Default
                                                        Stipulation
 304-A of the IPC        1 Year RI         5000/-       15 Days RI

          THE HIGH COURT OF MADHYA PRADESH,
                       BENCH AT GWALIOR
                           CRR-2205-2021
                   (Prahlad Singh Vs. State of M.P.)

Learned counsel for the applicant submits that the applicant is

in jail who has been falsely implicated in the case and he was on bail

during trial as well as at the appellate stage and he did not misuse the

liberty of bail granted to him. The fine amount has already been paid

by him. It is further submitted that in view of outbreak of COVID-19,

detention of the applicant in already congested prison may be

detrimental. There are fair chances of success of this revision and the

applicant cannot be kept in custody for an unlimited period. Looking

to the sentence of the applicant, if execution of jail sentence of the

applicant is not suspended then this revision will turn infructuous

because it cannot be decided within one year in future. Under these

circumstances, the applicant prays that execution of sentence be

suspended and he be released on bail.

On the other hand, learned counsel appearing on behalf of the

State opposed the bail application and prayed for its rejection.

Keeping in view the aforesaid submissions of learned counsel

for the parties and the facts and circumstances of the case, I.A. No.

27905/2021 is allowed.

Thus, the execution of jail sentence of the applicant is hereby

suspended subject to deposit of fine amount (if not already deposited)

and he be released on bail on furnishing a personal bond in the sum of

THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRR-2205-2021 (Prahlad Singh Vs. State of M.P.)

Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety

of the like amount to the satisfaction of trial Court for his appearance

before the Registry of this Court on 20/12/2021 and on subsequent

dates as may be fixed by the office from time to time till final

adjudication of this revision. The applicant shall also furnish a written

undertaking that he will abide by all 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.

List the case for final hearing in due course.

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

(S.A. Dharmadhikari) Judge

rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82a b676d0cde4dee473fe77953f5, cn=RAHUL SINGH PARIHAR Date: 2021.09.21 10:55:50 -07'00'