Madhya Pradesh High Court
Mukesh Handa vs The State Of Madhya Pradesh on 27 April, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 CRA-2275-2021
The High Court Of Madhya Pradesh
CRA-2275-2021
(MUKESH HANDA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
1
Indore, Dated : 27-04-2021
Shri Shadab Khan, learned counsel for the appellants.
Ms. Vinita Phaye, learned Public Prosecutor for the respondent-State.
Heard through Video Conferencing.
Further heard on I.A..No.7281/2021, an application under section 389(1) Cr.P.C., seeking suspension of sentence and grant of bail, on behalf of the appellants.
The appellant No.1 - Mukesh Handa has been convicted u/S 325 of IPC and sentenced to suffer 06 months imprisonment with fine of Rs.500/- with default stipulation, under Section 323/34 of IPC and sentenced to undergo 01 month imprisonment, under Section 3(1)(r) of SC & ST Act and sentenced to undergo 06 months imprisonment with fine of Rs.1000/- with default stipulation and under Section 3(2)(va) of SC & ST Act with fine of Rs.500/- and appellant No.2 - Pawan has been convicted u/S 325/34 of IPC and sentenced to undergo 06 months imprisonment with fine of Rs.500/- with default stipulation, under Section 323 of IPC and sentenced to undergo 01 month imprisonment, under Section 3(1(r) of SC & ST Act and sentenced to undergo 06 months imprisonment with fine of Rs.1,000/- with default stipulation and under Section 3(2)(va) of SC & ST Act with fine of Rs.500/- vide judgement dated 04/03/2021 passed in SPL Case No.120/2014 by the Additional Special Judge (SC & ST ACT), Ratlam.
Learned counsel for the appellant submits that appellants are innocent and have been falsely roped in the offence. During trial, appellant were on bail and they did not misuse the liberty granted to them. There are fair chances of success of this appeal. Due to the Covid-19 pandemic, final disposal of this appeal shall take time. Under such circumstance, prayer is made that jail sentence of the appellants may be suspended and they may be 2 CRA-2275-2021 enlarged on bail.
Learned Public Prosecutor opposed the bail application and prayed for its rejection.
Upon hearing learned counsel for the parties, but without commenting on the merits of the case, regard being had to the fact that appellants have not misused the liberty granted to them. More so, looking to the Covid-19 pandemic, final hearing of this appeal will take time, appellants deserves to be enlarged on bail.
Consequently, I.A. No.7281/2021, is hereby allowed and it is directed that execution of jail sentence of the appellants shall remain suspended during pendency of this appeal and they shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety in the like amount to the satisfaction of the learned Trial Court and also subject to deposit of the fine amount (if not already deposited) for their appearance before the Registry of this Court on 12/08/2021 and on further dates as may be directed by the Registry in that regard with following further conditions:
(i) the appellants shall deposit an amount of Rs.25,000/- (Rs.
Twenty Five Thousand only) each before the trial Court, which shall be payable to the complainant on an application filed by him.
(ii) the appellants 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 time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc, to avoid proliferation of Novel Corona virus(COVID-1);
(iii) the concerned jail authorities are directed that before releasing the appellants, the medical examination of the appellants be conducted through the jail doctor and if it is prima-facie found that they are having any symptoms of Covid-19, then the consequential follow up action or any further test required be undertaken immediately.
3 CRA-2275-2021 Registry is directed to send e-copy of this order the Court concerned for necessary compliance.
Let the record of Courts below be requisitioned.
(ROHIT ARYA) JUDGE vc Digitally signed by VARSHA CHATURVEDI DN: c=IN, o=HIGH COURT OF MADHYA VARSHA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, CHATURVEDI st=Madhya Pradesh, 2.5.4.20=df59fbf0f5c7485addc8affe3edf2 0e67d11d7f91045d81139f6792fbd4ae91f, cn=VARSHA CHATURVEDI Date: 2021.04.27 18:04:44 +05'30'