Prhalad vs The State Of Madhya Pradesh
2021 Latest Caselaw 3916 MP

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              THE HIGH COURT OF MADHYA PRADESH
                           CRA-1350-2020
                     (Prahlad Vs. State of M.P.)

Gwalior, dt. : 3/8/2021

      Shri Prakhar Dhengula, learned counsel for the appellant.

      Shri Rajesh Shukla, learned Deputy Advocate General for the

respondent/State.

Learned counsel for the rival parties are heard through Video

Conferencing.

This criminal appeal assails the judgment dated 19/12/2019 passed in

S.T.No.194/2014 by Second Additional Sessions Judge, Ganj Basoda, District

Vidisha, whereby appellant - Prahlad been convicted as under:

    Section               Imprisonment                Fine
    302 of IPC            Life Imprisonment           Rs.    2000/-    with

                                                      default stipulation
    323 of IPC            3 months R.I.               Rs.200/-         with

                                                      default stipulation

I.A.No. 19071/2021, first application u/S. 389(1) Cr.P.C. for grant of

suspension of sentence moved on behalf of appellant - Prahlad is taken up and

considered.

Learned counsel for the State opposed the application 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 suspension of sentence is made out.

Rival parties do not dispute that appellant is more than 60 years of age,

and therefore, falls within the criteria laid down in para-15(I)(II) of the order

passed by the Coordinate Bench of this Court at Principal Seat, Jabalpur in

W.P. No.9320/2021 (PIL) [In Reference (Suo Motu) Vs. The State of M.P.

& Ors.] entitling him the benefit of suspension of sentence.

In view of above and the order passed by Apex Court in Suo Motu in

WP No.01/2020 passed on 07/05/2021 and looking to the second wave of

Covid-19 pandemic and to avoid congestion in jails which are hotbed for

spread of Covid-19 infection and also that there is no likelihood of early

disposal of appeal in near future, this court, without entering into merits of the

case, is inclined to grant interim suspension of sentence to appellant Prahlad for

a period of 90 days.

Accordingly, without expressing any opinion on merits, I.A.No.

19071/2021 is allowed to the extent of interim suspension of sentence for a

period of 90 days and it is directed that appellant - Prahlad be released on

interim bail for a period of 90 (Ninety) days from the date of his release,

subject to his furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand

Only) with one solvent surety of the like amount to the satisfaction of

concerned Magistrate provided that amount of fine has been deposited by

appellant - Prahlad.

It is further directed that appellant - Prahlad shall surrender before the

concerned Magistrate immediately after expiry of 90 days.

The learned concerned CJM/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 - Prahlad during period of

suspension of sentence as a consequence of this order.

The intimation regarding surrender by appellant - Prahlad be furnished

to this Court by the concerned Magistrate.

A copy of this order be sent to the Court concerned for information.

List the case 10 days before expiry of 90 days (ninety days).

C.c as per rules.

             (Sheel Nagu)                              (Deepak Kumar Agarwal)
                 Judge                                       Judge

ms/-

       MADHU
       SOODAN
       PRASAD
       2021.08.04
       12:21:50 -07'00'