Madhya Pradesh High Court
Suresh Khatik vs The State Of Madhya Pradesh on 6 June, 2022
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 1959 of 2022
(SURESH KHATIK Vs THE STATE OF MADHYA PRADESH)
Dated : 06-06-2022
Shri Jitendra Tyagi learned counsel for the petitioner.
Ms. Kalpana Parmar, learned Panel Lawyer for the respondent-State.
Perused the record.
Admit.
Heard o n I.A.No.8704/2022, first application under Section 397(1) of
Cr.P.C. for suspension of sentence and grant of bail.
T h e petitioner has been convicted under section 338 of IPC and
sentenced to undergo R.I. for three months with fine of Rs.1000/- vide
judgment dated 7/05/2022 passed by First Additional Sessions Judge, Shivpuri
(M.P.) in Criminal Appeal No.81/2020.
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
7.5.2022. It 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.
Per contra, learned Panel Lawyer opposed the bail application.
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
07/05/2022, I.A.No.8704/2022 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 12/9/2022 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 petitioners.
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.8704/2022 stands disposed of.
(ROHIT ARYA)
V. JUDGE
Rks
RAM KUMAR SHARMA
2022.06.07 12:05:33 +05'30'
