Madhya Pradesh High Court
Satyanarayan vs The State Of Madhya Pradesh on 9 April, 2021
Author: Sheel Nagu
1 Cra 3861/2018
The High Court of Madhya Pradesh
Cra 3861/2018
(Satyanarayan Vs. State of M.P. )
Gwalior dated 09/04/2021
Shri Santosh Sharma, learned counsel for the appellant.
Ms. Kalpana Parmar, learned Panel Lawyer, for the
respondent/State.
Learned counsel for the rival parties are heard through video
conferencing.
IA.22834/2020, fourth repeat application u/S.389(1) Cr.P.C.
for suspension of sentence and grant of bail moved on behalf of sole
appellant is taken up and considered alongwith reply to the same by
the State.
Earlier first IA No.3721/2018 and second IA.458/2019 were
dismissed as withdrawn vide orders dated 31/10/2018 and
30/04/2019 respectively. Third IA.8143/2019 was dismissed with
liberty to come again after suffering some further reasonable period
of custody.
This criminal appeal assails the judgment dated 10/05/2018
passed in Sessions Trial No.200056/2012 by Special Judge
(Atrocities), Sheopur, (M.P.), whereby appellant has been convicted
and sentenced as under :
Sections Imprisonment Fine
304 Part-I Ten Years' RI Rs.3000/- with
default stipulation.
2 Cra 3861/2018
Learned counsel for the State opposed the appeal and prayed
for its rejection by contending that on the basis of the allegations and
the material available on record, no case for grant of bail is made
out.
Learned counsel for the appellant submits that sentence is of
ten years RI out of which appellant has suffered almost about 40
months' incarceration.
The decision of Apex Court in the case of "Kamal Singh Vs.
State of Haryana reported in [(2006) 1 SCC Cri.757]" has been
pressed into service which lays down that in matters where fixed
period of sentence is awarded, appellant can be released on bail
during pendency of appeal after undergoing substantial period of
sentence.
In view of the above facts, looking to the ongoing Covid-19
pandemic crisis and considering the fact that there is no likelihood of
early disposal of the present appeal in the near future, without
entering into the merits of the matter, this Court is inclined to extend
the benefit of suspension of sentence and grant of bail to the
appellant.
Accordingly, without expressing any opinion on merits,
IA.22834/2020 is allowed and it is directed that the jail sentence of
appellant will remain under suspension subject to verification that
the amount of fine has been deposited and on the appellant's
furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only)
3 Cra 3861/2018
with two solvent sureties each of the like amount to the
satisfaction of concerned Trial Court for his appearance before the
concerned CJM on 05/07/2021 and on such further dates as may be
fixed by him which shall be of frequency not less than once a year.
In case, appellant is found absent on any date fixed by the
concerned CJM then the said CJM shall be free to issue and execute
warrant of arrest for securing his presence without first referring the
matter to this Court, provided the Registry of this Court is kept
informed.
The learned concerned Trial Court and the prosecution are
directed to ensure following of Covid-19 precautionary protocol
prescribed from time to time by the Supreme Court, the Central
Govt. and as well as the State Govt during release, travel and
residence of the appellant during period of suspension of sentence as
a consequence of this order.
The appellant has gracefully agreed to act as a Shiksha
Swayamsevak by rendering physical and financial assistance
to government primary school situated nearest to residence of
appellant for ensuring hygiene and sanitation and for
removing deficiencies of infrastructural amenities in the said
school from the skill/resources of the appellant. vihykFkhZ us ,d
f'k{kk Lo;alsod ds :i esa vius fuokl ds fudV vofLFkr ljdkjh
izkFkfed fo|ky; esa LoPNrk vkSj vkjksX; dks lqfuf'pr djus ds fy,
4 Cra 3861/2018
'kkjhfjd ,oa foRrh; lgk;rk iznku djus ,oa vius dkS'ky o lalk/kuksa ls
mDr fo|ky; esa volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djus dh
LosPN;k lgefr iznku dh gSAa]
The appellant after selecting a particular Govt. Primary
School shall inform about the same to the office of Gram
Panchayat (in case of rural area) and/or Ward Officer of the
concerned ward (in case of urban area), within whose territorial
jurisdiction the said school is situated. [vihykFkhZ ,d fof'k"V izkFkfed
ljdkjh Ldwy dk p;u djus ds i'pkr~ blds ckjs esa xzke iapk;r ds dk;kZy;
¼xzkeh.k {ks= ds ekeys esa½ [email protected];k lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds
ekeys es½a ftlds {ks=kf/kdkj esa mDr Ldwy vofLFkr gS] dks lwfpr djsxkA].
It will be joint responsibility of Sarpanch and Secretary of
said Gram Panchayat (in case of rural area) and/or Ward Officer of
the concerned ward (in case of urban area) to preserve the said
information provided by the appellant. [;g lEcaf/kr okMZ ds okMZ
vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ [email protected];k mDr xzke iapk;r ds ljiap vkSj lfpo
¼xzkeh.k {ks= ds ekeys esa½ dh la;qDr ftEesnkjh gksxh fd] vihykFkhZ }kjk iznRr
lwpuk dks lajf{kr djsA].
The Registry of this Court shall communicate this order
through Legal Aid Officer, SALSA, Gwalior to the Collector,
District Education Officer, Block Education Officer of the
district/block concerned for information and follow up.
5 Cra 3861/2018
A copy of this order be supplied to the Legal Aid Officer,
SALSA, Gwalior who is directed to communicate this order to the
District Education Officer, Block Education Officer of the
district/block concerned who in turn shall encourage the appellant
to indulge in community service as aforesaid.
A copy of this order be sent to the Trial Court of the
concerned district for compliance.
C.c. as per rules.
(Sheel Nagu) (S.A. Dharmadhikari)
Judge Judge
Prachi*
PRACHI
MISHRA
2021.04.09
18:27:03
+05'30'
