Parasram Pardi vs The State Of Madhya Pradesh
2021 Latest Caselaw 1534 MP

                           1                       Cr.A. No. 1864/2021

        THE HIGH COURT OF MADHYA PRADESH
                        Cr.A. No.1864/2021
                   (Parasram Pardi Vs. State of M.P.)

Gwalior, dated: 23.04.2021

      Shri S.S. Rajput, Advocate for the appellant.

      Smt. Upendri Singh, counsel for the respondent/State.

Heard through video conferencing.

Appeal being arguable is admitted for hearing.

I.A.No.8600/2021, First application u/S. 389 (1) Cr.P.C. for

suspension of sentence moved on behalf of appellant - Parasram, is

taken up, along-with contentions of learned counsel for State.

This criminal appeal assails the judgment dated 22.02.2021

passed in S.T. No.116/2014 by Seventh Additional Sessions Judge

Guna, district Guna (M.P.), whereby appellant has been convicted

as under: :-

     Section                Imprisonment         Fine
Section 392 of IPC          7 years R.I.         Rs.     500/-     with

                                                 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.

It is submitted that appellant has suffered about two years

and two and a half month of incareceration as against 7 years R.I.

Imposed.

In view of above and considering the second wave of

Covid-19 pandemic and 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 by way of suspension of sentence.

Accordingly, without expressing any opinion on merits,

I.A.No.8600/2021 is allowed and it is directed that the jail

sentence of appellant - Parasram will remain under suspension

subject to verification that the amount of fine has been deposited,

on the appellant's 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 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 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. [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, '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 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 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. [;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.

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 court below for

information.

C.c as per rules.

(Sheel Nagu) Judge Aman.

Digitally signed by Aman Tiwari

Aman Tiwari DN: c=IN, o=High Court Of Madhay Pradesh Bench Gwalior, ou=all, 2.5.4.20=70c6eef55d043fbd523acacb7d1ef4b0609a37510b8e152 7bc41da9009c41f72, postalCode=474011, st=MADHYA PRADESH, cn=Aman Tiwari Date: 2021.04.24 14:43:15 +05'30'