Narayan vs The State Of Madhya Pradesh
2021 Latest Caselaw 2934 MP

                                       1                         CRA-856-2014


               THE HIGH COURT OF MADHYA PRADESH
                           CRA-856-2014
      (NARAYAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 02/07/2021.

      Shri Rajmani Bansal, learned counsel for appellant No.2.

      Shri B.P.S. Chauhan, learned Public Prosecutor for the respondent/State.

Shri Pradeep Katare, learned counsel for complainant.

Learned counsel for rival parties are heard through Video Conferencing.

This criminal appeal assails the judgment dated 07/08/2014 passed in

S.T.No.246/2004 by First Additional Sessions Judge to the Court of First

Additional Sessions Judge, Bhind District Bhind whereby appellant No.2-

Sanju has been convicted as under:

     Section               Imprisonment                 Fine
     302 of IPC            Life imprisonment            Rs. 10,000/- with

                                                        default stipulation
     148 of IPC            01 year's R.I.                         -

I.A.No. 22198/2020, fourth repeat application u/S. 389(1) Cr.P.C. for

suspension of sentence moved on behalf of appellant No.2-Sanju is taken up

and considered.

Learned counsel for the State opposed the appeal and prayed 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.

Appellant No.2-Sanju is said to have completed about 16 years of

custody period as against life imprisonment awarded which fact is not denied

by the State counsel as well as the counsel for complainant.

Merely on the ground of period of custody and further looking to the

fact that there is no likelihood of early disposal of the appeal in near future and 2 CRA-856-2014

considering the changed scenario in view of the Covid-19 pandemic, this

Court, without commenting upon merits of the matter, is inclined to grant bail

to appellant No.2-Sanju by way of suspension of sentence.

Accordingly, without expressing any opinion on merits, I.A.No.

22198/2020 is allowed and it is directed that the jail sentence of appellant

No.2-Sanju will remain under suspension subject to verification that the

amount of fine has been deposited, on the appellant's 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/available Magistrate for his

appearance before the concerned CJM/available Magistrate on 17/11/2021 and

on such further dates as may be fixed by 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/Magistrate then the said CJM/Magistrate 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 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 the appellant during period of

suspension of sentence as a consequence of this order.

A copy of this order be sent to the Court concerned for information.

C.c as per rules.

                                                 (Sheel Nagu)                                 (S.A. Dharmadhikari)
                                                    Judge                                            Judge
  (suneel)


SUNEEL
         Digitally signed by SUNEEL DUBEY
         DN: c=IN, o=HIGH COURT OF MADHYA
         PRADESH BENCH GWALIOR, ou=HIGH
         COURT OF MADHYA PRADESH BENCH
         GWALIOR, postalCode=474011, st=Madhya




DUBEY
         Pradesh,

2.5.4.20=157244b0239a6fd662b29b00a11f c66a5e160f585aa7a92425f380d476b32818, cn=SUNEEL DUBEY Date: 2021.07.05 15:22:09 -07'00'