Pop Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 991 MP

                                  1
        The High Court Of Madhya Pradesh
                 CRA No. 6177 of 2017
              (POP SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 20-01-2022
      Heard through Video Conferencing.

      Shri Pradeep Katare, learned counsel for the appellants.
      Shri    Ravindra    Singh    Kushwaha,       learned   counsel   for   the
respondent/Sate.

Heard on I.A.No.30993/2021, which is fourth application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail filed

on behalf of appellant No.1- Pop Singh.

Appellant has been convicted under Sections 302/149, 307/149, 148 of IPC and sentenced to undergo LI, seven years RI, three years RI with fine of Rs.10,000/-, Rs.10,000/- and Rs.3,000/- with default stipulation respectively. All sentences were directed to run concurrently.

It is submitted by counsel for the appellant that the main accused/appellant No.2 Hazuri Sigh has been enlarged on bail vide order dated 23/10/2018. The case of the appellant is on better footing than of appellant No.2 Hazuri Singh. Disposal of the appeal will take time. Hence,

prayed for suspension of jail sentence.

Per contra, the suspension application is opposed by the State Counsel and prayed for its rejection.

Heard learned counsel for the parties and perused the impugned judgment as well as record of trial Court.

Considering the totality of facts and circumstances of the case and considering the fact that the main accused has been enlarged on bail, we deem it appropriate to allow the application for suspension of sentence. Consequently, IA is allowed and it is directed that execution of jail sentence of appellant shall remain suspended during pendency of this appeal and he shall be released on bail subject to furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees one lac only) with one solvent surety in the like

amount to the satisfaction of trial Court and also subject to deposit of fine amount (if not already deposited), for his appearance before the Registry of this Court on 14th March, 2022 and on further dates as may be fixed by the Registry in this regard with the following further conditions:-

(1) Appellant will abide by terms and conditions of various circulars and orders issued by Government of India and State Government as well as

local administration from time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc. to avoid proliferation of Novel Corona Virus (Covid-19).

(2) Concerned jail authorities are directed that before releasing appellant, medical examination of appellant be conducted through jail doctor and if it is prima facie found that he is having any symptoms of Covid-19, then consequential follow-up action including isolation/ quarantine or any further test required be undertaken immediately.

State Counsel is directed to send an e-copy of this order to all the concerned including concerned police station for necessary information and action.

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

  (ROHIT ARYA)                             (RAJEEV KUMAR SHRIVASTAVA)
     JUDGE                                            JUDGE

MKB



  Digitally signed by MAHENDRA BARIK
  Date: 2022.01.21 10:26:22 +05'30'