Madhya Pradesh High Court
Koksingh @ Koka vs The State Of Madhya Pradesh on 14 September, 2021
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
1 CRR-1904-2021
The High Court Of Madhya Pradesh
CRR-1904-2021
(KOKSINGH @ KOKA Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 14-09-2021
Heard through Video Conferencing.
Shri R.K. Dubey, learned counsel for the petitioner.
Shri Ramadhar Chaubey, learned Public Prosecutor for
respondent/State.
The revision being arguable is admitted for final hearing.
Call for the record of the Courts below.
I.A. No. 24842/2021, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.
Also, heard on I.A.No. 24843/2021, first application under Section 397 (1) of Cr.P.C. for suspension of sentence on behalf of the petitioner.
The petitioner has been convicted under Section 379 of IPC and has been sentenced to undergo rigorous imprisonment of six months with fine of Rs.300/- with default stipulation.
It is submitted by learned counsel for the petitioner that the petitioner has been wrongly convicted by the appellate Court as well as by the trial Court. It is further submitted that the petitioner is in custody since last two and half months. Hence, prays to suspend the jail sentence of the petitioner looking to the short period of jail sentence. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.
Counsel for the State vehemently opposed the prayer and prayed to reject the application for suspension of sentence.
Heard learned counsel for the parties through video conferencing and perused the materials available on record.
Looking to the short period of jail sentence, without commenting on 2 CRR-1904-2021 merits of the case, the application (I.A. No. 24843/2021) is allowed and the remaining jail sentence of the petitioner is hereby suspended. It is hereby directed that on depositing the fine amount, if not already deposited, the petitioner shall be released on bail on furnishing personal bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned Court. The petitioner is further directed to mark his appearance before the Office of this Court on 06/12/2021 and on subsequent dates given by the Office in this regard, till final disposal of this revision.
In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the petitioner, his Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the petitioner to his house, and if the test is found positive then the petitioner shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the petitioner is fit for release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local administration. After release, the petitioner is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the petitioner has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take them in custody and would send them to the same jail from where they were released.
The petitioner is further directed to inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.
List the case for final hearing in due course.
3 CRR-1904-2021 E- copy of this order be sent to the Court below concerned for compliance.
Certified copy/ e-copy as per rules/directions.
(RAJEEV KUMAR SHRIVASTAVA)
JUDGE
ALOK KUMAR
2021.09.14
16:34:51 AKS
+05'30'
11.0.8