Madhya Pradesh High Court
Anju Choudhary vs The State Of Madhya Pradesh on 16 June, 2020
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
THE HIGH COURT OF MADHYA PRADESH
CRA-1020-2020
(Anju Choudhary vs. State of Madhya Pradesh)
Jabalpur, Dated : 16.06.2020
This matter is taken up through video-conferencing as
per the order of the Hon'ble Chief Justice on account of
outbreak of pandemic (COVID-19) in the country.
Shri R.K. Mishra, counsel for the appellant.
Shri Shivam Hazari, Panel Lawyer for the respondent-
State.
Heard on IA No. 1906/2020, which is an application for suspension of sentence and grant of bail to appellant.
The appellant has been convicted and has been sentenced as under:-
Conviction Sentence Under Section 354 IPC RI for three years with fine of
Rs.1000/-. In default of payment of fine, further RI for 30 days.
Under Section 7 read with RI for three years with fine of Section 8 of the POCSO Act. Rs.1000/-. In default of payment of fine, further RI for 30 days.
Under Section 323 of IPC in Fine of Rs.500/-. In default, SI for 15 respect of injured Meera. days.
Learned counsel for the appellant submits that the jail sentence of appellant was suspended by the trial court for a period of one month i.e. till 30.01.2020 and thereafter the same could not be extended. Counsel further submits that the appellant has been sentenced only for a period of three years with fine. He has already deposited the amount of fine. Considering the aforesaid, appellant may be enlarged on bail.
Learned counsel for the respondent-State has opposed the application.
Considering the arguments advanced by the learned counsel for both the parties, without commenting on merit of the case, IA No. 1906/2020 is allowed. It is directed that execution of remaining jail sentence of appellant Anju Choudhary shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.40,000/- with a solvent surety bond of the like amount to the satisfaction of the Trial Court for his appearance before the Registry of this Court on 3rd November, 2020 and on such other dates as may be fixed by the Registry in that regard.
It is further directed that the jail authorities shall ensure that the appellant is examined by the jail doctor to ensure that he is not afflicted with the Covid-19 virus. If the doctor suspects otherwise, the appellant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State.
List this appeal for final hearing in due course as per the scheme formulated.
A copy of this order be forwarded to the concerned trial Court through e-mail.
Certified copy as per rules.
(Sanjay Dwivedi) Judge Raghvendra RAGHVENDRA SHRAN SHUKLA 2020.06.16 15:57:17 +05'30'