Krishna Kumar Singh Chauhan vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

I.A. No.30457/2021, an application under Section 301(2) of CrPC, is taken up, considered and allowed for the reasons mentioned therein.

Accordingly, Shri Suresh Agarwal, learned counsel and his associates are permitted to appear on behalf of the complainant to assist the State counsel.

Let record of the Court below be called for, if already not called.

Appeal being arguable is admitted for final hearing.

Heard on I.A. No.30189/2021, first application under Section 389(1) of Cr.P.C. moved on behalf of appellant - Krishna Kumar Singh Chauhan for suspension of his jail sentence.

T his criminal appeal has been filed against the judgment dated 25/09/2021 passed by Seventh Additional Sessions Judge, Gwalior (M.P.) in S.T. No.235/2017, whereby appellant has been convicted and sentenced under Section 420 of IPC for 5 years RI with fine of Rs.3,000/-, under Section 467 of IPC for 7 years RI with fine of Rs.7,000/- and under Section 468 of IPC for 5 years RI with fine of Rs.5,000/- with default stipulations.

Learned counsel for the appellant has submitted that this is first application under Section 389(1) of Cr.P.C for suspension of jail sentence of the appellant. Appellant has suffered total incarceration of around 4 years & 3 months against conviction of 7 years. It is further submitted that no case is made out against the appellant. Trial court has wrongly convicted the appellant without proper appreciation of facts of the case. Appellant is ready to abide by any condition which may be imposed by this Court. It is also submitted that disposal of this appeal will take considerably long time. Hence, learned counsel prays to suspend the jail sentence of appellant. Appellant 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.

Learned State counsel has opposed the application and submitted that no case for suspension of jail sentence of the appellant is made-out, therefore, prays for rejection of this application filed for suspension of jail sentence of the appellant.

Heard learned counsel for the parties and perused the material documents available on record.

Considering the fact that appellant has already suffered total incarceration of around 4 years & 3 months, without commenting on merits of the case, I.A.No.30189/2021 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 20/12/2021 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the appellant, 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 said appellant to his house, and if the test is found positive then the appellant shall be immediately sent to concerning hospital for his treatment as per medical norms. If the appellant is fit for release and if he is in a position to make his personal arrangements, then he shall be released. After release, the appellant 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 Covid- 19. If it is found that the appellant 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 her in custody and would send his to the same jail from where he was released.

T he appellant 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.

E-copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.