Madhya Pradesh High Court
Raghvendra Singh Chauhan @ Lala vs State Of M.P. on 10 December, 2021
Author: Rohit Arya
1 CRA. 717/2011
The High Court of Madhya Pradesh
Criminal Appeal No. 717/2011
(Raghvendra Singh Chouhan @ Lala Vs. State of MP)
Gwalior dated 10.12.2021
Shri Sushil Goswami, learned counsel for the appellant.
Shri A.K.Nirankari, learned Public Prosecutor for the State.
By way of I.A..No. 8662/2019, learned counsel for the
appellant seeks temporary suspension of sentence and grant of bail, on
the premise of indisposition of appellant's father suffering from
cancer.
The appellant has been convicted under section 302/34 of IPC
and sentenced to suffer life imprisonment with fine of Rs.200/- vide
judgment dated 01/07/2011 passed in Sessions Trial No.263/2010 by
Third Additional Sessions Judge, Bhind (MP).
Learned counsel for the appellant submits that during pendency
of the application, his father namely Suman @ Dhirendra has passed
away on 07/12/2021. The Ritual/Ceremony after his father's death is
scheduled on 20/12/2021, hence prays for temporary suspension of
sentence to attend the said ceremony although he was present during
cremation under police custody.
Prayer is not opposed by learned Public Prosecutor.
Upon consideration of the submissions advanced, the sentence
awarded vide judgment dated 01.07.2011 in Sessions Trial No.
263/2010 shall remain suspended for a period of five days from the
date of his release, subject to furnishing personal bond in the sum of
Rs.2,00,000/- (Rupees two lakhs only) with one solvent surety in the
like amount to the satisfaction of the learned Trial Court and also
subject to deposit of the fine amount (if not already deposited). The
appellant is directed to surrender before the trial Court on or
2 CRA. 717/2011
before expiry of said period (five days from the date of release)
under intimation to the Registry of this Court through his
counsel. The period of temporary bail be reckoned from the date of
his release. The following further conditions may also be observed by
the appellant:
(i) the appellant will abide by the terms and
conditions of various circulars and orders issued by the
Government of India and the State Government as well
as the local administration from time to time in the
matter of maintaining social distancing, physical
distancing, hygiene, etc, to avoid proliferation of Novel
Corona virus(COVID-1);
(ii) the concerned jail authorities are directed that
before releasing the appellant, the medical examination
of the appellant be conducted through the jail doctor
and if it is prima-facie found that he is having any
symptoms of Covid-19, then the consequential follow
up action or any further test required be undertaken
immediately.
Learned State counsel is directed to send e-copy of this order to
all the concerned including the concerned Station House Officer of
the Police Station for information and necessary action.
I.A. No. 8622/2019 stands closed.
(Rohit Arya) (G.S.Ahluwalia)
Judge Judge
(yog)
YOGESH VERMA
2021.12.10
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00'
18:19:21 +05'30'
