Bharat Jaroli vs Dr. Ramesh Dak
2021 Latest Caselaw 6035 MP

                                   1                              CRR-1239-2021
        The High Court Of Madhya Pradesh
                   CRR-1239-2021
                   (BHARAT JAROLI Vs DR. RAMESH DAK AND OTHERS)

8
Indore, Dated : 25-09-2021
      Today, the Advocates are abstaining from work.
      Petitioner's son - Sanwer Jaroli is present in person and he states that
the bank draft of an amount of Rs.16,25,000/- prepared from ICICI Bank
payable to Vinod Yadav s/o Nathulal Yadav dated 20.09.2021 has been
deposited in the trial Court at the time of surrender by the applicant- Bharat

Jaroli on 21.09.2021. Certified copy of the order dated 21.09.2021 and
photocopy of bank draft are on record.
      In view of the aforesaid, IA No.8897/2021 is considered.
      Heard on I.A.No.8897/2021, an application under Section 397(1) of
Cr.P.C. for suspension of sentence filed on behalf of petitioner on the
medical grounds.
      T h e petitioner has been convicted under Section 420 of IPC and
sentenced to suffer 03 year RI with fine of Rs.10,000/- with default stipulation
vide judgment of conviction dated 28/01/2020 passed by Judicial Magistrate

First Class, Neemuch in Criminal Case No.1691/2016. The appellate Court
has affirmed the same vide judgment dated 09/04/2021 passed in Criminal
Appeal No.19/2020.
      In the instant application, it is stated that the Courts below have not
properly appreciated the evidence and have wrongly convicted the petitioner.
The petitioner aged about 65 years is suffering from heart disease. He is
undergoing treatment for the said disease from the year 2019. Petitioner is in
jail since 09/04/2021. Due to Covid-19 pandemic, final hearing of criminal
revisions are not taking place. Therefore, prayer is made for suspension of
sentence and enlargement of petitioner on bail, on the medical ground and on
such terms and conditions this Court deems fit and proper.
      Upon perusal of the contents of the application and record of Court
                                    2                             CRR-1239-2021
below, and taking into consideration the fact that the petitioner is suffering
from heart disease and petitioner is in jail since 09/04/2021 and the disposal
of revision will take time due to Covid-19 pandemic, hence, I.A. is allowed on
medical grounds.
      I t is directed that the jail sentence of the petitioner shall remain
suspended subject to deposit of fine amount, if not already deposited, and he

be released on bail on his furnishing a personal bond in the sum of
Rs.3,00,000/- (Rs. three lakh only) with one solvent surety in the like
amount to the satisfaction of the trial Court. The petitioner is directed to
appear before the Registry of this Court on 17/12/2021 and on other
subsequent dates as may be fixed in this behalf with following further
conditions. :-
                   (i) at the time of furnishing bail bond, the trial Court
           shall verify the original bank draft referred above and also
           shall make sure that the same is handed over to the
           complainant as and when he approaches the Court below.
                   (ii) the concerned jail authorities are directed that before
           releasing the petitioner, the medical examination of the petitioner 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 petitioner shall be released on bail in terms
           of the conditions imposed in this order ;
                   (iii) violation of conditions, State is free to apply for
           cancellation of bail.
      Accordingly, the IA stands disposed of.
      Registryftribunal is directed to send an e-copy of this order to all the
concerned including the concerned Station House Officer of the Police
Station for information and necessary action.
      E-Certified copy as per rules.
                       3      CRR-1239-2021




                          (ROHIT ARYA)
                             JUDGE


    Vibha
VIBHA PACHORI
2021.09.25

13:57:51 +05'30'