Ramcharan vs The State Of Madhya Pradesh
2022 Latest Caselaw 1842 MP

                                      1             CRA. 7751/2021

              The High Court of Madhya Pradesh
                 Criminal Appeal No. 7751/2021
              (Ramcharan & Ors. vs. State of MP)


Gwalior dated 09.02.2022
      Heard through Video Conferencing.
      Shri Rameshwar Rawat, learned counsel for the appellants.
      Smt. Kalpana Parmar, learned Panel Lawyer for the
respondent/State.

Heard on I.A.No.2059/2022, application under section 389(1) Cr.P.C., seeking suspension of sentence and grant of bail filed on behalf of the appellants.

The present appellants have been convicted under section 323 (on two counts) of IPC and section 3(2)(va) of SCST Act and sentenced to suffer rigorous imprisonment of six months with fine of Rs.250/- against each offence with default stipulation vide judgment dated 03/12/2021 passed in Special Case No.02/2018 by Special Judge, SC/ST Act, Datia.

Learned counsel for the appellants submits that appellants are innocent and have been falsely implicated in the case. During trial, they remained on bail and did not misuse the liberty granted to them. Due to the Covid-19 pandemic (third wabe), final disposal of the appeal shall take time. On these grounds, learned counsel prays that execution of the jail sentence of the appellants may be suspended and they may be enlarged on bail.

Per contra, learned Panel Lawyer opposes the bail application and prayed for its rejection.

Considering the facts and circumstances of the case and submission of learned counsel for the parties but, without expressing any opinion on merits o f the case, this Court is of the view that the application deserves to be allowed.

2 CRA. 7751/2021

Consequently, I.A. is hereby allowed and it is directed that execution of jail sentence of the appellants shall remain suspended during pendency of this appeal and they shall be enlarged on bail subject to furnishing personal bond in the sum o f Rs.1,00,000/- (Rupees One Lakh Only) each with one solvent surety each in the like amount to the satisfaction of the Trial Court and also subject to deposit of the fine amount (if not already deposited) for appearance before the Registry of this Court on 15.06.2022, and on further dates as may be directed by the Registry in that regard, with following further conditions:

(i) the appellants will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(ii) the concerned jail authorities are directed that before releasing the appellants, the medical examination of the appellants 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 including the isolation/quarantine or any further test required be undertaken immediately.

Learned Panel Lawyer 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.

                                                                     (Rohit Arya)
(yog)                                                                   Judge


                                    YOGESH VERMA
                                    2022.02.09
                 VALSALA
                 VASUDEVAN
                 2018.10.26
                 15:14:29 -07'00'   17:30:25 +05'30'