Jagdish vs State Of Madhya Pradesh

Heard on I.A. No.5478/2020, an application under Section 397 (1) of Cr.P.C. for suspension of sentence and grant of bail.

The petitioner has been convicted under section 354 of IPC and sentenced to suffer RI of one year with fine of Rs.250/- with default stipulation respectively by the trial Court vide judgment dated 16.12.2019 passed in Criminal Case No.RCT/100540/2014. The appellate Court maintained the conviction and sentence vide judgment dated 14.08.2020 passed in Cr.A. No.09/2020.

Learned counsel for the petitioner submits that the petitioner is innocent and he has not committed the crime as alleged. The petitioner is in jail since 14.08.2020. The petitioner was on bail during trial and did not misuse the liberty granted to him. It is submitted that learned Courts below have not properly appreciated the evidence, and committed error. The disposal of revision will take time, hence prayed for suspension of execution of jail sentence of the petitioner.

Learned Panel Lawyer opposes the bail application.

Taking into consideration facts and circumstances of the case and the fact that revision will take time, the application is allowed. It is directed that the jail sentence of the petitioner shall remain suspended and he be released on bail on his furnishing personal bond in the sum of Rs.2,00,000/- (Rs. Two lakhs only) with one solvent surety each in the like amount to the satisfaction of the trial Court subject to deposit of the fine amount. The petitioner is directed to appear before the Registry of this Court on 17/12/2020 and on other dates as may be fixed in this behalf with following further conditions.

(i) the petitioner shall 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 petitioner, the medical examination of the petitioner 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 required be undertaken immediately. If not, the petitioner shall be released on bail in terms of the conditions imposed in this order and shall also be given pass or permit for movement to reach their place of residence;

In the event of violation of any of the terms and conditions of the order by the petitioner, the prosecution is at liberty to seek cancellation of the bail granted to the petitioners.

Learned Panel Lawyer is directed to send an e-copy of this order to the Court concerned for necessary compliance.

Registry is directed to send an e-copy of this order to the the Court concerned for necessary compliance.

It is made clear that this e-copy order be treated as Certified copy in terms of the advisories issued by the High Court from time to time.

Accordingly, the IA stands disposed of.