Madhya Pradesh High Court
Imrat Singh Yadav vs The State Of Madhya Pradesh on 30 November, 2021
Author: Rohit Arya
Bench: Rohit Arya
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
Cr.A. No.7070/2021
( Imrat Singh Yadav & another Vs. The State of M.P.)
(1)
Gwalior, dated : 30.11.2021
Shri Rajmani Bansal, Advocate for the appellants.
Shri B.M.Shrivastava, Public Prosecutor for the respondent-
State.
Heard on I.A.No.32391/2021, first application under section 389(1) Cr.P.C., seeking suspension of sentence and grant of bail filed on behalf of appellant Imrat Singh Yadav.
The appellant has been convicted under section 471 of IPC and sentenced to suffer rigorous imprisonment of 4 years with fine of Rs.1,000/- in default to suffer R.I. for 6 months vide judgment dated 15/11/2021 passed in ST No.500106/2014 by the V Additional Sessions Judge, Guna.
Learned counsel for the appellant submits that appellant is innocent and has been falsely implicated in the case. The trial Court has mis-appreciated the evidence on record. During trial the appellant was on bail and has not misused the liberty so granted. Final disposal of the appeal is likely to take time. The trial Court has already suspended the execution of jail sentence till 22/12/2021. Fine amount has already been deposited. On these grounds, learned counsel prays that execution of the jail sentence of the appellant may be suspended and he may be enlarged on bail.
Per contra, learned Public Prosecutor opposes the bail application and prayed for its rejection.
Considering the facts and circumstances of the case and HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.7070/2021 ( Imrat Singh Yadav & another Vs. The State of M.P.) (2) submission of learned counsel for the parties but, without expressing any opinion on merits of the case, this Court is of the view that the application deserves to be allowed. It is, accordingly, directed that execution order of jail sentence of the appellant namely Imrat Singh Yadav shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakhs Only) with one solvent surety in the like amount to the satisfaction of the Trial Court and also subject to deposit of the fine amount (if not already deposited) for appearance before the Registry of this Court on 10/3/2022, and on further dates as may be directed by the Registry in that regard, with following further conditions:
(i) the appellant will 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 appellant, the medical examination of the appellant 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 including the isolation/quarantine or any further test HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.7070/2021 ( Imrat Singh Yadav & another Vs. The State of M.P.) (3) required be undertaken immediately.
(iii) On violation of the conditions, State is free to apply for cancellation of bail.
Accordingly, the I.A. stands allowed and disposed of. Certified copy as per rules.
(Rohit Arya) Judge (and) ANAND SHRIVASTAV A 2021.12.01 09:58:14 +05'30'