Madhya Pradesh High Court
Rajkumar @ Raju vs The State Of Madhya Pradesh on 12 October, 2022
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 3597 of 2022
(RAJKUMAR @ RAJU Vs THE STATE OF MADHYA PRADESH)
Dated : 12-10-2022
Shri D. S. Tomar, learned counsel for the petitioner.
Shri Ramadhar Choubey, learned Public Prosecutor for the respondent-
State.
Heard on I.A. No. 14647/2022, first application under Section 397 (1)
of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the
petitioner.
T h e petitioner has been convicted under section 332 of IPC and
sentenced to undergo 01 year RI with fine of Rs. 1000/- and under Section 3/4
of M.P. chikitsak/ chikitsa seva se sambandit vyaktiyo ki suraksha Adhiniyam,
2008 and sentenced to undergo 03 months RI with fine of Rs.500/- with default
stipulation respectively vide judgment of conviction and order of sentence dated
11/07/2019 passed by Chief Judicial Magistrate, Vidisha in Criminal Case
No.2055/ 2013. The appellate Court maintained the conviction and sentence
vide judgment dated 09th September, 2022 in Criminal Appeal No.39/ 2019.
Learned counsel for the petitioner submits that the petitioner is innocent
and he has not committed the crime as alleged. The petitioner has suffered
incarceration for 01 month and 17 days including the period undergone during
trial. It is submitted that learned Courts below have not properly appreciated the
evidence, and committed error in convicting the petitioner. 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.
Learned Public Prosecutor opposes the bail application supporting the
orders impugned.
Upon hearing learned counsel for the parties and considering the fact
that out of total 01 year, petitioner has suffered 01 month and 17 days, revision
is of the year 2022 and there is no possibility of final hearing in the near future,
in the considered opinion of this Court, I.A. 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 verification of the fact regarding deposit of the fine amount.
The petitioner is directed to appear before the Registry of this Court first on
12/12/2022 and thereafter on further dates as may be fixed by the Registry 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 petitioner.
Registry is directed to send copy of this order to the Court concerned
for necessary compliance.
Accordingly, the IA stands disposed of.
(ROHIT ARYA)
JUDGE
vc
VARSHA
CHATURVEDI
2022.10.13
13:32:04 +05'30'
