Andher Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 2936 MP

          01           HIGH COURT OF MADHYA PRADESH
                           CRA. No.2695/2020
               (Andher Singh @ Gulshan Singh vs. State of M.P.)

Gwalior, Dated: 2/7/2021
      Heard through video conferencing.

      Shri Madhukar Kulshrestha, learned counsel for the appellant.

      Shri Vinod Pathak, learned Panel Lawyer for respondent/State.

I.A. No.19378/2021, an application for urgent hearing, is taken

up, considered and allowed for the reasons mentioned therein.

Heard on I.A.No.19379/2021, second application under Section

389 (1) of Cr.P.C. for suspension of sentence on behalf of the

appellant.

This criminal appeal has been filed against the judgment dated

15/1/2020 passed by First Additional Sessions Judge, Mungawali,

District Ashoknagar in Sessions Trial No.76/2013 by which appellant

Andher Singh @ Gulshan Singh has been convicted and sentenced as

under:-

  Section under IPC          Imprisonment         Fine        In default
          392                 7 years R.I.     Rs.1,000/- 1 months R.I.

It is submitted by the learned counsel for appellant- Andher

Singh @ Gulshan Singh that this is the second application for

suspension of sentence on behalf of the applicant. Earlier application

was dismissed as withdrawn by this Court vider order dated

12.3.2021. It is further submitted that the appellant has been wrongly 02 HIGH COURT OF MADHYA PRADESH CRA. No.2695/2020 (Andher Singh @ Gulshan Singh vs. State of M.P.)

convicted by the trial Court. There are lots of contradictions and

omissions in the evidence of the prosecution witnesses. The appellant

has suffered almost one year and five months jail sentence out of total

awarded jail sentence of seven years. It is further submitted that

hearing of this appeal shall take considerably long time. Therefore,

prays to suspend the jail sentence of the appellant. He further

undertakes to abide by all the terms and conditions of guidance,

circulars and directions issued by Central Government, State

Government as well as Local Administration regarding measures in

respect of COVID-19 Pandemic and maintain hygiene in the vicinity

while keeping physical distancing.

Counsel for the State vehemently opposed the prayer and

prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties through video

conferencing and perused the materials available on record.

Considering the facts and circumstances of the case as well as

the short period of jail sentence, without commenting on merits of the

case, I.A.No.19379/2021 is hereby allowed. Subject to depositing of

fine amount, if not already deposited, and on furnishing personal bond

of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent

surety of the like amount to the satisfaction of the concerned Court, 03 HIGH COURT OF MADHYA PRADESH CRA. No.2695/2020 (Andher Singh @ Gulshan Singh vs. State of M.P.)

the remaining jail sentence of the appellant shall remain suspended

and he be released on bail. The appellant is further directed to mark

his appearance before the Office of this Court on 8/9/2021 and on

subsequent dates given by the Office in this regard, till final disposal

of this appeal.

In view of COVID-19 pandemic, the Jail Authorities are

directed that before releasing the appellant, his Corona Virus test shall

be conducted and if it is found negative, then the concerned local

administration shall make necessary arrangements for sending the

appellant to his house, and if the test is found positive then the

appellant shall be immediately sent to concerning hospital for her/his

treatment as per medical norms. If the appellant is fit for release and

if he is in a position to make his personal arrangements, then he shall

be released only after taking due travel permission from local

administration. After release, the appellant is further directed to

strictly follow all the instructions which may be issued by the Central

Govt./State Govt. or Local Administration for combating the

Covid19. If it is found that the appellant has violated any of the

instructions (whether general or specific) issued by the Central

Govt./State Govt. or Local Administration, then this order shall

automatically lose its effect, and the Local Administration/Police 04 HIGH COURT OF MADHYA PRADESH CRA. No.2695/2020 (Andher Singh @ Gulshan Singh vs. State of M.P.)

Authorities shall immediately take them in custody and would send

them to the same jail from where they were released.

The appellant is further directed to inform the SHO of

concerned police station about his residential address in the said area

and it would be the duty of the Public Prosecutor to send E-copy of

this order to SHO of concerned police station for information.

List the case for final hearing in due course.

E- copy of this order be sent to the Court below concerned for

compliance.

Certified copy/ e-copy as per rules/directions.

                                                    (Rajeev Kumar Shrivastava)
pwn*                                                         Judge
  Pawan Kumar
  2021.07.03
  12:12:46
  +05'30'