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Madhya Pradesh High Court

Deepesh Agrawal @ Chotu vs The State Of Madhya Pradesh on 27 May, 2020

Author: Nandita Dubey

Bench: Nandita Dubey

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    HIGH COURT OF MADHYA PRADESH : JABALPUR
            Criminal Appeal No. 2379/2020
           (Deepesh Agrawal and another Vs. State of M.P.)

PRESENT :

HON. SMT. NANDITA               DUBEY,     J    (THROUGH        VIDEO
CONFERENCING)

Jabalpur, Dated :27.05.2020


         Shri Vivek Agrawal, learned counsel for the appellants.
         Ms. Sharda Dubey, learned Penal Lawyer for the
respondent/State.

On account of the prevailing conditions worldwide, brought about by the COVID 19 virus, this application has been heard and decided through video conferencing, to maintain social distancing. The necessary parties have effectively been represented by their respective counsels through video conferencing.

Heard on IA No. 4786/2020, an application under Section 389(1) of Cr.P.C., 1973.

The appellants have been convicted by the judgment dated 26.2.2020 passed by V Additional Sessions Judge Chhatarpur in S.T. No. 280/2015 for the offence punishable under Sections 489(B) and 489(C) of IPC and sentenced them to five years rigorous imprisonment with fine of Rs.5,000/- for each offence, with default stipulation.

Learned counsel for the appellants submits that the allegation against the appellants are that counterfeit currency notes have been seized from them. It is submitted that during trial the appellants were on bail. It is submitted by the learned counsel for the appellants that co-accused Pradeep Agarwal has been enlarged bail on 15.5.2020 by this Court in Criminal Appeal No. 2301/2020. This fact has not been disputed by the learned counsel appearing for the State.

Considering that the co-accused Pradeep has been enlarged on bail, this application is allowed on the ground of parity.

Execution of jail sentence imposed against the appellants is hereby suspended and they are directed to be released on bail, on their each furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) and surety of the like amount to the satisfaction of the concerned trial Court to appear before the Registry of this Court on 07.04.2021 and on such other subsequent dates which normally will not be less than the period of eight months as may be directed to him in this regard till final disposal of this appeal.

Once the Court below is satisfied, as regards the bail bonds, the jail authorities shall comply with the directions given by the Supreme Court with regard to release of prisoner from jail by ensuring that he is first examined by the jail doctor and if he shows any symptoms of COVID-19, refer him to such hospital designated by the State and the said hospital, thereafter shall follow the protocol laid down by the State, with regard to the applicant. The State shall also comply with the directions of the Supreme Court passed in Writ Petition No. 1/2020 about the transportation of such prisoner from the jail to his place of residence.

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Ms. Sharda Dubey, Panel Lawyer on their respective email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court below also.

List for final hearing in due course.

Date: 2020.05.27 16:26:33 +05'30' Judge rss