Bhawani Mallah vs The State Of Madhya Pradesh
2021 Latest Caselaw 4427 MP

                                                        Cr.A.484/2016

             HIGH COURT OF MADHYA PRADESH

                           Cr.A. No. 484/2016

                  (Bhawani Mallah vs. State of M.P. )

Gwalior, Dated: 17.08.2021
      Shri O.P. Mathur, learned counsel for the appellant.

      Shri Rajesh Shukla, learned Dy. AAG for the respondent/State.

This criminal appeal assails the judgment dated 02.02.2016

passed in S.T.No.46/2012 by Second Additional Session Judge,

Sabalgarh, District Morena, whereby appellant has been convicted as

and sentenced as under:-

Section Imprisonment Fine In Dedfault 302 of IPC Life Rs.5,000/- Two months RI Imprisonment 25(1)(1-kha) 3 years RI Rs.2,000/- one month RI (ka)of Arms Act 27 (1) of Arms 3 years RI Rs.2,000/- one month RI Act

I.A.No. 22900/2021, application for interim suspension of

sentence and grant of bail moved on behalf of appellant Bhawani

Mallah.

Health status report submitted by the State reveals that the

appellant is suffering from cancer and requires treatment, which fact

is not disputed by the State counsel, therefore, looking to the present

situation of Covid-19 pandemic, benefit of suspension of sentence be

granted to him.

Learned counsel for the State opposed the appeal and prayed Cr.A.484/2016

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.

In view of the fact that he falls within the category prescribed

in para 15(v) of the order passed by the Co-ordinate Bench of this

Court in PIL and the order passed by the Principal Seat in

W.P.N0.9320/2021,therefore, he is entitled to temporary suspension of

sentence and also the fact that 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 for a period of 90 days.

Accordingly, without expressing any opinion on merits, I.A.

No.22900/2021 is allowed and it is directed that appellant Bhawani

Mallah be released on interim bail for a period of 90 (Ninety) days

from the date of 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.

It is further directed that appellant 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 during period of suspension of sentence as a consequence of Cr.A.484/2016

this order.

The intimation regarding surrender by appellant 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)                              (Vishal Mishra)
            Judge                                        Judge


LJ*




               LOKENDRA JAIN
               2021.08.18
               12:52:53 +05'30'