Madhya Pradesh High Court
Birju @ Brajkishor Kushwah vs The State Of Madhya Pradesh on 7 February, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 454 of 2023
(BIRJU @ BRAJKISHOR KUSHWAH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 07-02-2023
Shri Saket Udeniya, learned counsel for the petitioners.
Shri B.P.S.Chouhan learned Public Prosecutor for the respondent-State.
Call for the record of the courts below.
Heard on I.A.No.2354 of 2023, first application under Section 397(1) of
Cr.P.C. moved on behalf of both the petitioners for suspension of sentence and
grant of bail.
Both the petitioners stand convicted under Section 325/34 of IPC and
sentenced to undergo one year's R.I. with fine of Rs.500/- with default
stipulation vide judgment of conviction and order of sentence dated 24.01.2023
passed by First Additional Sessions Judge Datia in Criminal Appeal No.42 of
2022, thereby partially affirming the judgment of conviction and order of
sentence dated 25.04.2022 passed by Judicial Magistrate First Class, Bhander,
District Datia in Criminal Case No.57 of 2017.
Learned counsel for the petitioners submits that the petitioners are
innocent and they have 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 petitioners
were on bail during trial and did not misuse the liberty extended to them.
Disposal of revision will take time. Under such circumstances, prayer is made
f o r extending the benefit of suspension of sentence and grant of bail to the
petitioners 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.2354 of 2023 is allowed. It is
directed that the jail sentence of the petitioners shall remain suspended and they
be released on bail on their furnishing personal bond in the sum of
Rs.1,00,000/- (Rs.One Lac 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 deposited). The petitioners are directed to appear before
the Registry of this Court first on 12.04.2023 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 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 petitioner 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 petitioners 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.
Accordingly, I.A.No.2354 of 2023 stands disposed of.
(ROHIT ARYA)
JUDGE
SP
SANJEEV
KUMAR PHANSE
2023.02.08
10:43:22 +05'30'
