Mangal Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 307 MP

          HIGH COURT OF MADHYA PRADESH,
                  BENCH AT GWALIOR
                     Cr.A. No.1276/2021
          (Mangal Singh Vs. State of Madhya Pradesh)
                                  (1)

Gwalior, dated : 27/2/2021

      Shri S.K.Mishra, Advocate for the appellant.
      Ms. Kalpana Parmar, Panel Lawyer for the respondent/State.

I.A. No.6204/2021, an application for urgent hearing is disposed of.

Heard the question of admission.

Admit.

Ms. Kalpana Parmar, Panel Lawyer accepts notice on behalf of the respondent/State.

Record of the trial Court be called for. Heard on I.A. No.6206/2021 which is an application for suspension of sentence and grant of bail.

This Criminal appeal assails the judgment dated 8/2/2021 passed by II Additional Sessions Judge, Ambah, District Morena in S.T. No.387/2018 whereby the appellant has been convicted under section 307/149 of the IPC and sentenced to undergo R.I. for 3 years with fine of Rs.4000/- in default to suffer R.I. for 3 months; under section 341, IPC to undergo S.I. for 1 month with fine of Rs.100/- in default to suffer S.I for four days and under section 147 of the IPC to undergo R.I. for 6 months with fine of Rs.1000/- in default to suffer R.I for 1 month, with the direction that the custodial sentences shall run concurrently.

Learned counsel for the appellant submits that the appellant has been falsely implicated in the case. The appellant has remained on bail during trial and has not misused the liberty so granted. The trial Court has already suspended the custodial sentence till 7/3/2021. It is further submitted that disposal of this appeal is likely to take time and in view of COVID-19 outbreak, detention of appellant in already congested prisons may be detrimental. With the aforesaid submissions, prayer for suspension of sentence is made.

The prayer is opposed by learned Panel Lawyer.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.1276/2021 (Mangal Singh Vs. State of Madhya Pradesh)

An early hearing of this case is not possible. Taking into consideration the overall facts and circumstances of the case, the I.A. is allowed

It is, therefore, directed that if appellant Mangal Singh deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) with a solvent surety in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 1st April, 2021 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail. The appellant shall furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

Certified copy as per rules.

(S.A.Dharmadhikari) Judge (and)

ANAND SHRIVASTAVA 2021.02.27 15:44:13 +05'30'