Devendra Kushwaha vs The State Of Madhya Pradesh
2021 Latest Caselaw 4528 MP

                                1                         Cra.62.2021

                 The High Court of Madhya Pradesh
                            Cra.62.2021
            [Devendra Kushwaha Vs. State of M.P.]
Gwalior dated 23.08.2021

      Shri Amit Goswami, learned counsel for appellant.

      Shri Pramod Pachauri, learned Public Prosecutor for

respondent/State.

Learned counsel for the rival parties are heard.

IA.19528/2021 first 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.

This criminal appeal assails the judgment dated 29.06.2018

passed in SST.No.48/2010 by Special Judge (MPDVPK Act),

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

as under with default stipulation :-

        Sections             Imprisonment                Fine
   393/397 IPC r/w           07 Years' RI    Rs.5,000/- with
 Sec.13 MPDVPK Act                           default stipulation
  25(1-b)(a) Arms Act        01 Year's RI    Rs.500/- with default
                                             stipulation
      27 Arms Act            03 Years' RI    Rs.500/- 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 seven years' RI and the appellant has suffered 3-1/2 years'

incarceration.

2 Cra.62.2021

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

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

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.19528/2021 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 3 Cra.62.2021

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 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

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

DHARK MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=345b3604d572ed9dd1

AR 492fe82dc3b1eef67eff2cb59f3a c97e920ac264de7828, cn=PAWAN DHARKAR Date: 2021.08.24 19:04:08 +05'30'