Gajraj Singh Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 4527 MP

                                1                      CRA.2104.2018

                 The High Court of Madhya Pradesh
                          CRA.2104.2018
           [Gajraj Singh Kushwah Vs. State of M.P.]
Gwalior dated 23.08.2021

      Shri P.C. Soni, learned counsel for appellant.

      Shri Pramod Pachauri, learned Public Prosecutor for

respondent/State.

Learned counsel for the rival parties are heard.

IA.11808/2021 an application u/Sec. 389(1) Cr.P.C. for

suspension of sentence and grant of bail moved on behalf of

appellant is taken up and considered with the reply of the State.

This criminal appeal assails the judgment dated 27.02.2018

passed in SST.No.39/2013 by Special Judge (Atrocities), Vidisha

(M.P.) whereby appellant has been convicted and sentenced as

under with default stipulation :-

       Sections            Imprisonment                  Fine
       436 IPC             Ten Years' RI      Rs.70,000/- with
                                              default stipulation

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

suspension of sentence is made out.

Learned counsel for the appellant submits that sentence is

of ten years' RI and the appellant has suffered 3-1/2 years'

incarceration.

The decision of Apex Court in the case of "Kamal Singh

Vs. State of Haryana reported in [(2006) 1 SCC Cri.757]" has 2 CRA.2104.2018

been pressed into service which lays down that in matters where

fixed period of sentence is awarded, appellant can be released on

bail during pendency of appeal after undergoing substantial period

of sentence.

Considering the above and that there is no likelihood of

early disposal of the present appeal in the near future, without

entering into the merits of the matter, this Court is inclined to

grant bail to appellant by way of suspension of sentence.

Accordingly, without expressing any opinion on merits,

IA.11808/2021 is allowed and it is directed that the jail sentence

of appellant will remain under suspension subject to verification

that the amount of fine has been deposited, on appellant

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

Only) with two solvent sureties of the like amount to the

satisfaction of concerned CJM for his appearance before her/him

on 20.09.2021 and on such further dates as may be fixed by

her/him which shall be of frequency not less than once a year.

In case, appellant is found absent on any date fixed by the

concerned CJM then the concerned CJM 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 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 3 CRA.2104.2018

Govt. and as well as the State Govt. during release, travel and

residence of the appellant during period of suspension of sentence

as a consequence of this order.

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

compliance.

C.c. as per rules.

(Sheel Nagu) Judge pd Digitally signed by PAWAN DHARKAR

PAWAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH

DHARK BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=345b3604d572ed9d

AR d1492fe82dc3b1eef67eff2cb 59f3ac97e920ac264de7828, cn=PAWAN DHARKAR Date: 2021.08.24 19:04:24 +05'30'