Manish Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 7596 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRA No. 6981 of 2019
              (MANISH JATAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 06-06-2022
       Shri Sunil Kumar Jain, learned counsel for appellant.

       Shri Naval Gupta, learned Public Prosecutor for respondent/State.

Heard on I.A. No.5743/2022, first application filed under Section 389(1) Cr.P.C on behalf of sole appellant-Manish Jatav seeking suspension of sentence and grant of bail on medical ground.

Appellant stands convicted under Section 5 (L)(M)(N)/6 of POCSO Act

and sentenced to suffer Life Imprisonment with fine of Rs.5,000/- with default stipulation vide judgment of conviction and order of sentence dated 27/06/2019 passed by Fifth Additional Sessions Judge/Special Judge (POCSO), Gwalior, District Gwalior (M.P.) in Sessions Trial No.96/2019.

During trial, appellant has been remained in custody for 441 days and is undergoing jail incarceration since the date of judgment i.e. 27/06/2022.

Upon perusal of the medical/health status report submitted pursuant to the order passed by this Court on 19/05/2022, we are of the considered view that sole appellant-Manish Jatav is entitled for suspension of sentence and grant

of bail.

Consequently, I.A. No.5743/2022 deserves to be and is hereby allowed.

Accordingly, it is directed that the jail sentence of sole appellant- Manish Jatav 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.

Appellant is directed to appear before the Registry of this Court first on 22/08/2022 and thereafter on other subsequent dates as may be fixed in this behalf with following further conditions:-

(i) Appellant 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 time 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 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 symptom of Covid-19, then the consequential follow up action or any further test required be undertaken immediately.

Learned State counsel is directed to send e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.

I.A. No.5743/2022 stands closed.

Certified copy as per rules.

                                     (ROHIT ARYA)                                                           (G.S. AHLUWALIA)
                                        V. JUDGE                                                                V. JUDGE

    (Dubey)


SUNEE   Digitally signed by SUNEEL DUBEY
        DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
        BENCH GWALIOR, ou=HIGH COURT OF MADHYA




L

PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=157244b0239a6fd662b29b00a11fc66a5e 160f585aa7a92425f380d476b32818, pseudonym=046B231C591E29491F36ABD156EBF 3A713937186, serialNumber=4009CAE962958E019ADDF04E87EF

DUBEY D5C07FA5D0C38532D550F61B55401A275B8C, cn=SUNEEL DUBEY Date: 2022.06.06 19:02:51 -07'00'