Madhya Pradesh High Court
Radheshyam vs The State Of Madhya Pradesh on 6 June, 2022
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4761 of 2022
(RADHESHYAM Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 06-06-2022
Shri D.D. Sharma, learned counsel for the appellant.
Ms. Kalpana Parmar, learned Panel Lawyer for respondent/State.
Record of the trial court be requisitioned.
Heard on IA.8773/2022, which is first application under Section 389(1)
of Cr.P.C. moved on behalf of appellant seeking suspension of sentence and
grant of bail.
Appellant stood convicted under Section 447 IPC read with Section 3(1)
(f)(g) of SC/ST Act and under Section 323/34 IPC (on two counts) read with
Section 3(2)(va) of SC/ST Act and sentenced to undergo RI for two years with
a fine of Rs.2,000/- and RI for one year (each count) with a fine of Rs.1,000/-
(each count) respectively with default stipulations vide judgment of conviction
and order of sentence dated 11.05.2022 passed by Special Judge (Atrocities)
Guna (M.P.) in SST No.62/2017.
Learned counsel for the appellant submits that the appellant is innocent
and has been falsely implicated. It is submitted that learned Trial Court has not
appreciated the evidence properly and in right perspective. The impugned
judgment is based on surmises and conjectures and suffers from perversity of
approach. Learned Trial Court has suspended the custodial sentence of the
appellant till 11.05.2022. Fine amount has already been deposited. There is no
likelihood of the early hearing of the appeal. With the aforesaid submissions,
learned counsel for appellant prays for suspension of sentence and grant of bail.
Per contra, learned Panel Lawyer for the respondent-State opposes the
application supporting the impugned judgment with submission that no
exception can be taken in the matter of suspension of jail sentence and grant of
bail to the appellant.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting on merits of contentions advanced, but in the obtaining facts
and circumstances, IA.8773/2022 deserves to be and is hereby allowed.
Accordingly, it is directed that the jail sentence of appellant 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.
The appellant is directed to appear before the Registry of this Court first
on 12/07/2022 and on other subsequent dates as may be fixed in this behalf with
following further conditions:-
(i) the 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 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
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 including the isolation/quarantine or
any further test required be undertaken immediately;
(iii) On violation of the conditions, State is free to apply for cancellation
of bail.
Accordingly, the I.A. stands allowed and disposed of.
Certified copy as per rules.
(ROHIT ARYA)
V. JUDGE
pd
PAWAN
Digitally signed by PAWAN DHARKAR
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH
COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474001,
DHARK
st=Madhya Pradesh,
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5661c113046ab7ebb8031c36dcac4472c
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pseudonym=22FE9CB9F7CF0345E7FFAC
AR
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serialNumber=C72B9531562BC6028F5D
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Date: 2022.06.07 15:35:27 +05'30'
