Madhya Pradesh High Court
Dilip Kumar vs The State Of Madhya Pradesh on 20 September, 2021
Author: Rohit Arya
1 CRA-1013-2017
The High Court Of Madhya Pradesh
CRA-1013-2017
(DILIP KUMAR Vs THE STATE OF MADHYA PRADESH)
23
Indore, Dated : 20-09-2021
Shri Santosh Kumar Meena, learned counsel for the appellant.
Shri Shaswat Seth, learned Panel lawyer for the respondent-State.
Heard on I.A.No. 24212/2021, eight application for suspension of
sentence filed on behalf of the appellant.
T h e appellant has been convicted under Section 306 of IPC and
sentenced to suffer 07 years R.I. with fine of Rs.5000/- with default
stipulation, vide judgment dated 05/05/2017 passed by Additional Sessions
Judge, Sarangpur, District-Rajgarh in Sessions Trial No.202/2015.
Learned counsel for appellant submits that the Court below has not
properly appreciated the evidence on record and wrongly convicted the
appellant. Appellant remained in jail during trial from 03/03/2015 to
03/07/2017 and from the date of judgment i.e. 05/05/2017 till date and
therefore, more than four years and six months appellant has suffered out of
total 07 years sentence. Looking to the Covid-19 situation, the disposal of
appeal will take time, hence, prays for suspension of sentence and grant of
bail.
Learned Panel Lawyer for the respondent-State opposes the
application and prayed for its dismissal.
Taking into consideration the fact that disposal of appeal will take
time, subject to depositing the fine amount and looking to the fact that more
than 04 years and 06 months appellant has suffered jail incarceration, the
application is allowed. It is directed that the jail sentence of the appellant shall
remain suspended and he be released on bail on his furnishing a personal
bond in the sum of Rs.1,50,000/- (Rupees one lac fifty thousand only)
with one solvent surety in the like amount to the satisfaction of the trial Court.
The appellant is directed to appear before the Registry of this Court on
2 CRA-1013-2017
08/11/2021 and on other subsequent dates as may be fixed in this behalf with
following further conditions:-
(i) the concerned jail authorities are directed that before releasing the
appellant, the medical examination of the appellant be conducted through the
jail doctor and if it is prima facie found that he is having any symptoms of
COVID-19, then the consequential follow up action or any further test
required be undertaken immediately. If not, the appellant shall be released on
bail in terms of the conditions imposed in this order ;
(ii) violation of conditions, State is free to apply for cancellation of bail.
Accordingly, the IA stands allowed and disposed of.
E-certified copy as per rules.
(ROHIT ARYA)
JUDGE
vc
VARSHA Digitally signed by VARSHA CHATURVEDI
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH
COURT OF MADHYA PRADESH BENCH
CHATURVE GWALIOR, postalCode=474011,
st=Madhya Pradesh,
2.5.4.20=df59fbf0f5c7485addc8affe3edf2
DI
0e67d11d7f91045d81139f6792fbd4ae91f,
cn=VARSHA CHATURVEDI
Date: 2021.09.21 14:20:11 +05'30'
