Deepu @ Deepak vs The State Of Mp
2021 Latest Caselaw 1529 MP

                            1                      Cr.A. No. 6171/2019

        THE HIGH COURT OF MADHYA PRADESH
                         Cr.A. No.6171/2019
               (Deepu @ Deepak & Others Vs. State of M.P.)

Gwalior, dated: 23.04.2021

      Shri Prabal Pratap Singh Solanki, Advocate for the appellants.

      Shri B.P.S. Chauhan, counsel for the respondent/State.

Heard through video conferencing.

Appeal is already admitted on 29.07.2019.

I.A.No.12850/2020, first application u/S. 389 (1) Cr.P.C. for

suspension of sentence moved on behalf of appellant No.1- Deepu

@ Deepak, is taken up along-with reply of State.

This criminal appeal assails the judgment dated 06.07.2019

passed in S.T. No.36/2014 by Sessions Judge Shivpuri, district

Shivpuri (M.P.), whereby appellant No.1-Deepu @ Deepak has

been convicted as under: :-

     Section                 Imprisonment        Fine
Section 307 of IPC           10 years R.I.       Rs. 4000/-        with

                                                 default stipulation.
Section 323/34 of IPC 6 months R.I.              Rs. 1000/- with

(four count)                                     default stipulation.

Learned counsel for the State opposed the said IA 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.

The prsoecution story discloses that though injury giving rise

to conviction u/s. 307 IPC is attributed to the appellant No.1 and

the doctor has opined the same to be dangerous to life but the fact

remains that appellant No.1 has assaulted once, and therefore, all

important elements of mensrea to kill may be missing. Appellant

No.1 has suffered about two and a half year of incareceration as

against 10 years R.I. Imposed.

In view of above and looking to the second wave of Covid-

19 pandemic and considering that there is no hope of this appeal

coming up in the near future for final hearing, this Court is inclined

to grant bail to the appellant No.1-Deepu @ Deepak by way of

suspension of sentence.

Accordingly, without expressing any opinion on merits,

I.A.No.12850/2020 is allowed and it is directed that the jail

sentence of appellant No.1-Deepu @ Deepak will remain under

suspension subject to verification that the amount of fine has been

deposited, on the appellant No.1 furnishing bail bond of

Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent

sureties of the like amount to the satisfaction of concerned

available Magistrate for his appearance before the concerned

available Magistrate on 30.07.2021 and on such further dates as

may be fixed by him which shall be of frequency not less than once

in a year.

In case, appellant No.1 is found absent on any date fixed by

the concerned available Magistrate then the said Magistrate 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 appellant No.1 has gracefully agreed to act as a Shiksha

Swayamsevak by rendering physical and financial assistance to

government primary school situated nearest to residence of

petitioner for ensuring hygiene and sanitation and for removing

deficiencies of infrastructural amenities in the said school from the

skill/resources of the appellant No.1. [vihykFkhZ dza1 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, 'kkjhfjd ,oa foRrh;

lgk;rk iznku djus ,oa vius dkS'ky o lalk/kuksa ls mDr fo/kky; esa

volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djus dh LosPN;k lgefr iznku dh

gSAa]

The appellant No.1 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 dza1 ,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 esa½ 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 No.1. [;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 dza1 }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.

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

No.1 to indulge in community service as aforesaid.

A copy of this order be sent to the court below for

information.

C.c as per rules.

(Sheel Nagu) Judge Aman.

Aman Digitally signed by Aman Tiwari DN: c=IN, o=High Court Of Madhay Pradesh Bench Gwalior, ou=all, 2.5.4.20=70c6eef55d043fbd523acacb7d1ef

Tiwari 4b0609a37510b8e1527bc41da9009c41f72, postalCode=474011, st=MADHYA PRADESH, cn=Aman Tiwari Date: 2021.04.24 12:38:38 +05'30'