Madhya Pradesh High Court
Ravi Alias Ravi Tiwari 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. 1958 of 2022
(RAVI ALIAS RAVI TIWARI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 06-06-2022
Shri Anand Purohit, 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.8701/2022, first application under Section 397(1) of
Cr.P.C. for suspension of sentence and grant of bail.
The petitioner No.1 Ravi has been convicted under section 25 (1-b) (A)
of the Arms Act and and sentenced to undergo R.I. for one year with fine of
Rs.2000/- and petitioner no.2 Shivkumar has been convicted under Section 29
of the Arms Act and sentenced to undergo RI for one year with fine of
Rs.1000/- with default stipulations vide judgment dated 26/05/2022 passed by
First Additional Sessions Judge, Gohad district Bhind (M.P.) in Criminal
Appeal No.103/2017.
Learned counsel for the petitioners submits that the petitioners are
innocent and they have not committed the crime as alleged. The petitioners are
in jail since 26.5.2022. It is submitted that learned Courts below have not
properly appreciated the evidence, and committed error in convicting the
petitioners. Due to Covid-19 pandemic disposal of revision will take time.
Under such circumstances, prayer is made for suspension of sentence and
enlargement of petitioners 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 petitioners are in jail since
26/05/2022, I.A.No.8701/2022 is allowed. It is directed that the jail sentence of
the petitioners shall remain suspended and they be released on bail on his
furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only)
each 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
petitioners are 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 petitioners 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 petitioners, the medical examination of the petitioners be
conducted through the jail doctor and if it is prima facie found that
they are 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 petitioners, 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.8701/2022 stands disposed of.
(ROHIT ARYA)
V. JUDGE
Rks
RAM KUMAR SHARMA
2022.06.07 12:07:33
+05'30'
