Shyamu vs The State Of Madhya Pradesh
2021 Latest Caselaw 2937 MP

           01      HIGH COURT OF MADHYA PRADESH
                        CRA. No. 9912/2018
                    (Shyamu & Ors. vs. State of M.P.)

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

      Shri Atul Gupta, learned counsel for the appellant No.10.

      Shri        Vinod   Pathak,    learned     Panel    Lawyer    for

respondent/State.

I.A. No.18865/2021, an application for urgent hearing, is

taken up, considered and allowed for the reasons mentioned

therein.

Heard on I.A.No.18867/2021, first 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 03/12/2018 passed by Third Additional Sessions Judge,

Bhind in Sessions Trial No.1500017/2014 by which appellant

No.10-Malkhan Singh has been convicted and sentenced as under:-

Section under IPC Imprisonment Fine In default 307/149 3 years R.I. Rs.5,000/- 6 months R.I.

148 2 years R.I. Rs.2,000/- 1 month R.I.

It is submitted by the counsel for appellant No. 10-Malkhan

Singh that the appellant has been wrongly convicted by the trial

Court. There are lots of contradictions and omissions in the 02 HIGH COURT OF MADHYA PRADESH CRA. No. 9912/2018 (Shyamu & Ors. vs. State of M.P.)

evidence of the prosecution witnesses. The appellant has suffered

two and half years of jail sentence out of total awarded jail

sentence of three years and fine amount has already been deposited.

It is further submitted that jail sentence of all the other co-accused

persons have already been suspended by this Court and case of the

present appellant is also on the same footing. 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.

Looking to the fact that jail sentence of other co-accused

persons have already been suspended and appellant No.10 Malkhan

Singh has already suffered two and half years of jail sentence out of

total awarded jail sentence of three years, without commenting on 03 HIGH COURT OF MADHYA PRADESH CRA. No. 9912/2018 (Shyamu & Ors. vs. State of M.P.)

merits of the case, application (I.A.No.18867/2021) is allowed and

the remaining jail sentence of appellant No.10 Malkhan Singh is

hereby suspended. It is hereby directed that the appellant shall be

released on bail on furnishing personal bond of Rs.35,000/-

(Rupees Thirty Five Thousand only) with one solvent surety of

the like amount to the satisfaction of the concerned Court. 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 04 HIGH COURT OF MADHYA PRADESH CRA. No. 9912/2018 (Shyamu & Ors. vs. State of M.P.)

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 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
   11:45:38
   +05'30'