Bhupendra vs The State Of Madhya Pradesh
2021 Latest Caselaw 5683 MP

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          THE HIGH COURT OF MADHYA PRADESH,
                       BENCH AT GWALIOR
                            CRR-2132-2021
                 (Bhupendra & Anr. Vs. State of M.P.)

Gwalior, Dated : 20/09/2021

      Shri Samar Ghuraiya, learned counsel for the applicants.

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

respondent/State.

IA No.27223/2021, 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.27224/2021, an application for

suspension of jail sentence filed on behalf of the applicants namely-

Bhupendra and Uday Singh.

This revision is directed against the impugned judgment of

conviction dated 04/09/2021 passed by 1 st Additional Sessions Judge,

Gohad, District- Bhind (M.P.) in Criminal Appeal No.47/2018, partly

affirming the judgment of conviction and order of sentence passed by

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

judgment dated 17/05/2018 in Criminal Case No.259/2013 and the

applicants have been convicted and sentenced in following terms:-

     Sections             Sentence        Fine (Rs.)     Default
                                                       Stipulation
  332 of the IPC         1 Year RI          500/-      3 Months RI

          THE HIGH COURT OF MADHYA PRADESH,
                       BENCH AT GWALIOR
                           CRR-2132-2021
                 (Bhupendra & Anr. Vs. State of M.P.)

Learned counsel for the applicants submits that the applicants

are in jail who have been falsely implicated in the case and they were

on bail during trial as well as at the appellate stage and they did not

misuse the liberty of bail granted to them. It is further submitted that

in view of outbreak of COVID-19, detention of the applicants in

already congested prison may be detrimental. There are fair chances of

success of this revision and the applicants cannot be kept in custody

for an unlimited period. Looking to the sentence of the applicants, if

execution of jail sentence of the applicants is not suspended then this

revision will turn infructuous because it cannot be decided within one

year in future. Under these circumstances, the applicants pray that

execution of sentence be suspended and they 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.

27224/2021 is allowed.

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

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

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

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

THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRR-2132-2021 (Bhupendra & Anr. Vs. State of M.P.)

surety each of the like amount to the satisfaction of trial Court for

their 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 applicants shall also furnish

a written undertaking that they 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=eac942476567cd1b39b3da460684034 62fdf82ab676d0cde4dee473fe77953f5, cn=RAHUL SINGH PARIHAR Date: 2021.09.21 10:55:23 -07'00'