Madhya Pradesh High Court
Kampoo @ Lokanedra Singh vs State Of M.P. on 24 April, 2021
Author: Sheel Nagu
1 CRA-630-2010
THE HIGH COURT OF MADHYA PRADESH
CRA-630-2010
(Kampoo @ Lokendenra Singh & ors. Vs. The State of M.P.)
Gwalior, dated: 24.04.2021
Shri Kuldeep Thapak, learned counsel for the appellants.
Shri Rajesh Shukla, learned Dy.A.G. for the respondent/State.
Learned counsel for the rival parties are heard through video
conferencing.
This criminal appeal assails the judgment dated 30.07.2010
passed in S.T. No.81/2008 by Additional Sessions Judge Seondha District
Datia to the court of Second Additional Sessions Judge (Fast Track) Datia
whereby appellant No.1-Kampoo @ Lokendra Sigh has been convicted as
under: :-
Section Imprisonment Fine
302 of IPC L.I. Rs.1000/- with default
stipulation
302/34 of IPC L.I. Rs.1000/- with default
stipulation
25(1)(1-B) of 3 years R.I. Rs.1000/- with default
Arms Act stipulation
27 of Arms Act 3 years R.I. Rs.1000/- with default
stipulation
rd
I.A.No.2703/2021, 3 repeat application u/S. 389(1) Cr.P.C. for
suspension of sentence moved on behalf of appellant No.1-Kampoo @
Lokendra Singh is considered alongwith reply of State.
Prosecution story found proved reveals that appellant No.1-
Kampoo @ Lokendra Singh is though main accused who has caused fatal
injury with firearm but considering the fact that he has suffered about 13
years of incarceration and since there is no hope of this appeal coming up
in the near future for final hearing and also due to second wave of Covid-
19 pandemic which has paralyzed even tempo of life and also jails are
2 CRA-630-2010
potential hotspots for spread of Covid-19 pandemic, this Court is inclined
to grant inteirm suspension of sentence to the appellant-Kampoo @
Lokendra Singh for a period of 90 days.
Accordingly, without expressing any opinion on merits, I.A.
2703/2021 is allowed and it is directed that the jail sentence of appellant-
Kampoo @ Lokendra Singh will remain suspended temporarily for a
period of 90 (ninety) days 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 their
appearance before the concerned available Magistrate provided that
appellant No.1-Kampoo @ Lokendra Singh shall surrender himself to
custody before the concerned Magistrate immediately after expiry of
period of interim suspension of sentence i.e. 90 days.
The learned concerned Magistrate 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 appellant
No.1-Kampoo @ Lokendra Singh during period of suspension of sentence
as a consequence of this order.
If appellant No.1-Kampoo @ Lokendra is found in close
vicinity of the complainant/victim or family members then the
complainant/victim will be free to seek cancellation of his bail.
The Superintendent of Police, Datia (M.P.) shall ensure proper
protection to be given to the victim under the Witness Protection Scheme,
3 CRA-630-2010
2018, formulated by the Supreme Court in the case of "Mahender
Chawla & Ors. Vs. Union of India & Ors. [(2019) 14 SCC 615]".
Registry is directed to communicate the copy of this order to
the Superintendent of Police, Datia (M.P.) for compliance.
The Station House Officer of the concerned Police Station is
directed as follows:
1. The Station House Officer shall inform the victim about
release of appellant No.1-Kampoo @ Lokendra on bail and shall also
supply a copy of this order to the victim.
2. In case of breach of any of the conditions of this order, the
victim shall be free to report the matter to the Station House Officer of
the concerned Police Station.
3. On receipt of any such complaint from the victim, the Station
House Officer of the concerned police station, in turn, shall inform the
Registry of this Court.
4. On receipt of information from the Station House Officer as
aforesaid, the Registry of this Court shall list this matter under caption
"Directions" before the appropriate Bench.
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4 CRA-630-2010
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The Registry of this Court is directed to send a copy of this order to
the Magistrate of the concerned district as well as to the concerned
Station House Officer for information and compliance.
List this case one week before expiry of 90 days.
C.c as per rules.
(Sheel Nagu) (Anand Pathak)
Judge Judge
ojha
YOGENDRA
OJHA
2021.04.24
15:19:00
+05'30'
