Meharban Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 2357 MP

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            The High Court Of Madhya Pradesh
                      CRR No. 387 of 2022
                    (MEHARBAN SINGH Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 21-02-2022
      Shri A.K. Shrivastava, learned counsel for the petitioner.

      Shri Rohit Shrivastava, learned Panel Lawyer for the respondent-State.

Perused the record.

Admit.

Heard o n I.A.No.2000/2022, first application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail.

The petitioner has been convicted under section 354 IPC and sentenced to undergo R.I. for one year with fine of Rs.200/- and also under Section 451 IPC and sentenced to undergo R.I. for 7 days with fine of Rs.200/- with default stipulations vide judgment dated 29/01/2022 passed by Fifth Additional Sessions Judge, District Guna( M.P.) in Criminal Appeal No.266/2017.

Learned counsel for the petitioner submits that the petitioner is innocent and he has not committed the crime as alleged. The petitioner is in jail since 29/01/2022. I t is submitted that learned Courts below have not properly appreciated the evidence, and committed error in convicting the petitioner. Due to Covid-19

pandemic disposal of revision will take time. Under such circumstances, prayer is made for suspension of sentence and enlargement of petitioner on bail, on such terms and conditions this Court deems fit and proper.

Learned Panel Lawyer opposes the bail application supporting the orders impugned.

Upon hearing learned counsel for the parties and considering the fact that disposal of revision will take time and that the petitioner is in jail since 29/01/2022, I.A.No.2000/2022 is allowed. It is directed that the jail sentence of the petitioner shall remain suspended and he be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to deposit of the fine amount, if not already deposit). The petitioner is directed to appear before the Registry of this Court first on 12/4/2022 and on other dates as may be fixed in

this behalf with following further conditions.

( i) the petitioner shall 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 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 ;

In the event of violation of any of the terms and conditions of the order by the petitioner, the prosecution is at liberty to seek cancellation of the bail granted to the petitioner.

Learned Panel Lawyer is directed to send an e-copy of this order to the Court concerned for necessary compliance.

Accordingly, the I.A.No.2000/2022 stands disposed of.

(ROHIT ARYA) JUDGE

(Dubey)

Digitally signed by SUNEEL DUBEY

SUNEEL DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=157244b0239a6fd662b29b00a11fc6

DUBEY 6a5e160f585aa7a92425f380d476b32818, pseudonym=046B231C591E29491F36ABD15 6EBF3A713937186, serialNumber=4009CAE962958E019ADDF04 E87EFD5C07FA5D0C38532D550F61B55401A 275B8C, cn=SUNEEL DUBEY Date: 2022.02.22 13:08:30 -08'00'