Madhya Pradesh High Court
Banti @ Bhupendra vs The State Of Madhya Pradesh on 6 February, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 397 of 2023
(BANTI @ BHUPENDRA Vs THE STATE OF MADHYA PRADESH)
Dated : 06-02-2023
Shri Ankur Maheshwari, learned counsel for the petitioner.
Shri Kuldeep Singh, learned Public Prosecutor for the respondent-State.
Heard on the question of admission.
Revision is admitted for final hearing.
Also heard o n I.A.No.2107 of 2023, first application under Section
397(1) of Cr.P.C. moved on behalf of petitioner for suspension of sentence and
grant of bail.
The petitioner stands convicted under sections 467, 468 and 471 of IPC
and sentenced to undergo 1 year's R.I. with fine of Rs.3,000/-, 06 months' R.I.
with fine of Rs.1500/- and 06 months R.I. with fine of Rs.1500/- respectively
with default stipulations vide judgment of conviction and order of sentence
dated 03.12.2021 passed by Judicial Magistrate First Class, Morena, District
Morena (Madhya Pradesh) in Criminal Case No.994 of 2007, which on being
challenged in appeal preferred thereagainst has been confirmed by Second
Additional Sessions Judge, Morena (Madhya Pradesh) vid e judgment dated
17.01.2023 passed in Criminal Appeal No.162/2021.
Learned counsel for the petitioner submits that the petitioner is innocent
and he has not committed the crime as alleged. It is submitted that learned
Courts below have not properly appreciated the evidence and committed error
in convicting the petitioner. It is submitted that the petitioner was on bail during
trial and did not misuse the liberty extended to him. Disposal of revision will
take time. Under such circumstances, prayer is made for extending the benefit
of suspension of sentence and grant of bail to the present petitioner on such
terms and conditions this Court deems fit and proper.
Per contra, learned Public Prosecutor opposed the application for
suspension of sentence and grant of bail and prayed for its rejection.
Upon hearing learned counsel for the parties, but without commenting
upon rival contentions touching merits of the case, regard being had to the fact
that disposal of revision will take time, I.A.No.2107 of 2023, 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.1,00,000/-
(Rs.One Lac only) with one solvent surety in the like amount to the satisfaction
o f the trial Court subject to deposit of the fine amount, (if not already
deposited). The petitioner is directed to appear before the Registry of this
Court first on 10.04.2023 and on other dates as may be fixed in this behalf by
the Registry till final disposal of the present revision 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.
Accordingly, I.A.No.2107 of 2023 stands disposed of.
(ROHIT ARYA)
JUDGE
SP
SANJEEV
KUMAR PHANSE
2023.02.07
11:25:49 +05'30'
