Munish vs State Of Madhya Pradesh

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19

outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Heard the question of admission.

Admit.

Shri Ramendra Singh Gurjar, Panel Lawyer accepts notice on behalf of the respondent/State.

Record of the trial Court be called for.

Heard on I.A. No.6695/2020 which is repeat application for suspension of sentence and grant of bail. The earlier one (I.A. No.9631/2019) was

dismissed as withdrawn vide order dated 8/1/2020 with liberty to revive the prayer after considerable custody.

This Criminal appeal assails the judgment dated 19/11/2019 passed by Additional Sessions Judge, Sheopur in S.T. No.300076/2015 whereby the

appellant has been convicted under section 148 of the IPC and sentenced to undergo R.I. for 1 year with fine of Rs.1000/- in default to suffer

additional R.I. for 1 month and also under sections 307/149 (on two counts) to undergo R.I. for 5 years with fine of Rs.2500/- in default to suffer

additional R.I for five months on each count, with the direction that the custodial sentences shall run concurrently.

Learned counsel for the appellant submits that the appellant has been falsely implicated in the case. There is no injury of Gandasi on the head of the

victims. Appellant has already put in custody of about 11 months. It is further submitted that disposal of this appeal is likely to take time and in view of

COVID-19 outbreak, detention of appellant in already congested prisons may be detrimental. With the aforesaid submissions, prayer for suspension of

sentence is made.

The prayer is opposed by learned Panel Lawyer.

An early hearing of this case is not possible. Taking into consideration the overall facts and circumstances of the case, the I.A. is allowed

It is, therefore, directed that if appellant Munish deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of

Rs.50,000/-(Rupees fifty thousand) with a solvent surety in the like amount to the satisfaction of trial Court for his appearance before the Registry

of this Court on 14th December, 2020 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to him shall

remain suspended till further orders and he shall be released on bail. The appellant shall install Aarogya Setu App (if not already installed) in his

mobile phone and also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the

Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene

etc. to avoid proliferation of Corona virus.

Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and

necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.

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