Madhya Pradesh High Court
Kalyan Singh vs The State Of Madhya Pradesh on 25 February, 2021
Author: Vishal Mishra
Bench: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1120/2021
( Kalyan Singh & Ors. vs. State of M.P.)
Gwalior, Dated : 25.02.2021
Shri Brijesh Tyagi, counsel for the appellants.
Shri Atul Sharma, Panel Lawyer for the respondent/State.
Heard on the question of admission.
Appeal seems to be arguable, therefore, admitted for final hearing.
Record of the trial Court be called for.
This criminal appeal under Section 374 of Cr.P.C has been filed by the appellants against the judgment and conviction dated 4.2.2021, passed in S.T.No. 125/13 by learned Second Additional Session Judge, Joura, District Morena, whereby the appellants have been convicted u/S. 148 of IPC and sentenced to undergo one year R.I. each with fine of Rs.500/- each, under Section 323/149 of IPC (two counts) and sentenced to undergo one year R.I. each with fine of Rs.1000/- each and under Section 325/149 of IPC, sentenced to undergo three years' R.I. each with fine of Rs.2000/- each with default stipulation.
Further heard on I.A. No.5503 of 2021, which is the first application under Section 389 of Cr.P.C for suspension of jail sentence on behalf of the appellants.
It is submitted by the counsel for the appellants that the Trial Court has already suspended the sentence till 4.3.2021. The appellants were on bail during trial and they never misused the liberty granted to them. The amount of fine have already been deposited by the appellants.
On the other hand, learned Panel Lawyer has opposed the application and prays for its dismissal.
Heard learned counsel for the parties and perused the record. Considering the and circumstances of the case as well as the fact that the Trial Court has already suspended the sentence, this Court deems it appropriate to consider the application for grant of bail and suspension of sentence. Hence, subject to verification of deposit of 2 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1120/2021 ( Kalyan Singh & Ors. vs. State of M.P.) fine amount and verification of the fact that the Trial Court has already suspended the sentence till 4.3.2021, application for suspension of sentence is allowed and jail sentence of appellants shall remain suspended and they be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of concerning trial Court for their appearance before Registry of this court on 31.08.2021 and thereafter on all other dates as may be fixed by the office.
List in due course for final arguments.
The appellants are further directed to abide by all the terms and conditions. Appellants shall install Arogya Setu App in their mobile immediately and would intimate their place of residence to the SHO of concerned Police Station; where they resides. Appellants further submit the undertaking to the effect that they will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic.
In view of the COVID-19, jail authorities are directed that before releasing the appellants, medical examination of appellant shall be undertaken by the jail doctor and on prima facie, if it is found that they are having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise appellants shall be released 3 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1120/2021 ( Kalyan Singh & Ors. vs. State of M.P.) immediately on bail and shall be given a pass or permit for movement to reach their place of residence.
E- copy of this order be provided to the appellants and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.
Application stands disposed of.
Certified copy as per rules.
(Vishal Mishra) Judge van SMT VANDANA VERMA 2021.02.26 10:16:16
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