Exceptional circumstances and precedent set by the Apex Court can influence the court's decision in allowing exemption and suspension of jail sentence based on health reasons.

ORDER/JUDGMENT : – Shri Vishal Baheti, learned counsel for the appellant.

Shri Prasanna Prasad, learned counsel for the respondent.

Heard on the question of admission.

This revision is admitted for final hearing.

2. Also heard on I. A. No. 13612/2022, which is an application for exemption from surrendering before the trial Court.

3. Learned counsel for the appellant submits that the Apex Court in the case of Vivek Rai and another vs. High Court of Jharkhand through Registrar General and others, reported in (2015) 12 SCC 86 has held that in an exceptional circumstance, the High Court in exercise of its inherent power can exempt the accused from surrendering, before filing of criminal revision. The applicant is a senior citizen and is not keeping good health. He is suffering from ejection fraction. He was on bail during the trial and pendency of the appeal. He is under constant treatment. Hence, his remaining jail sentence may be suspended.

4. Shri Prasad, learned counsel for the respondent opposes the application by submitting that the Madhya Pradesh High Court Rules mandates that the application for suspension of sentence should be supported by a certificate of arrest or the order of suspending the jail sentence. The applicant is not fulfilling both the conditions, therefore, no exemption can be granted.

5. In view of the law laid down by the Apex Court in the case of Vivek Rai and another (supra) and looking to the health conditions of the applicant which is supported by the medical documents, I. A. No. 13612/2022 stands allowed. The applicant is hereby exempted from surrendering before the trial Court. As a consequence, I. A. No. 13613/2022, an application for suspension jail sentence and grant of bail also stands allowed.

6. The execution of remaining jail sentence of applicant No. 2-Rakesh Garg is hereby suspended and it is ordered that the appellant be released on bail upon his furnishing a personal bond for a sum of Rs. 2,00,000/- (Rupees Two Lakh Only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to depositing the fine amount (if not already deposited) with a further direction to appear before the Registry of this Court on 20-9-2023 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this revision.

7. List for final hearing in due course.

Certified copy, as per rules.