Madhya Pradesh High Court
Pran Singh vs The State Of Madhya Pradesh on 8 February, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 472 of 2023
(PRAN SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 08-02-2023
Shri Rajendra Singh Yadav, learned counsel for the petitioner.
Shri Pawan Raghuvanshi, learned Public Prosecutor for the respondent-
State.
Heard o n I.A.No.2420/2023, first application under Section 397(1) of
Cr.P.C. moved on behalf of petitioner for suspension of sentence and grant of
bail.
Petitioner stand convicted under sections 279 of IPC with fine of
Rs.1000/- in default thereof, 01 month's simple imprisonment and under Section
304-A of IPC and sentenced to undergo 01 year's RI with fine of Rs.1000/- and
lieu of default 01 month's simple imprisonment vide judgment of conviction and
order of sentence dated 20/04/2018 passed by Judicial Magistrate First Class,
Pichore, District-Shivpuri (Madhya Pradesh) in Criminal Case No.910 of 2014
which on being challenged in appeal preferred thereagainst has been confirmed
by Additional Sessions Judge Pichore, District-Shivpuri vide judgment dated
24/01/2023 passed in Criminal Appeal No.36/2018.
Learned counsel for the petitioner submits that the petitioner is innocent
and 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 granted to him. Final disposal of the revision
will take time. Under such circumstances, prayer is made for extending the
benefit of suspension of sentence and grant of bail to the 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 maximum sentence awarded is of 01 years and final disposal of revision will
take time, I.A. No.2420 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 of 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 17/04/2023 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.2420 of 2023 stands disposed of.
(ROHIT ARYA)
JUDGE
vc
VARSHA
CHATURVEDI
2023.02.09
13:13:29
+05'30'
