Subhash Samundre vs The State Of Madhya Pradesh
2021 Latest Caselaw 3067 MP

                                                                       1                                CRA-2664-2017
                                             The High Court Of Madhya Pradesh
                                                        CRA-2664-2017
                                                    (SUBHASH SAMUNDRE Vs THE STATE OF MADHYA PRADESH)

                                    44
                                    Jabalpur, Dated : 07-07-2021
                                            Heard through Video Conferencing.

                                            Shri Indrajeet Singh Yadav, Advocate for the appellant.
                                            Shri Brajendra Kushwaha, P.L. for the respondent-State.

Appeal is already admitted for final hearing.

Now, heard on I.A. No.10829/2021 a temporary application for

suspension of execution of sentence awarded to the appellant and grant of bail.

Vide judgment dated 07.04.2017 passed by learned Addl. Sessions Judge, Distt.-Shahdol in S.T. No. 271/2015, the appellant has been convicted for the offence punishable under Section 397 of IPC and sentenced him to undergo R.I. for 10 years, with a fine of Rs. 5,000/-, under Section 392 of IPC and sentenced him to undergo R.I. for 7 years with fine of Rs.5,000/-, under Section 458 of IPC and sentenced him to

undergo R.I. for 7 years with a fine of Rs. 3,000/-, under Section 25(1- B)B of Arms Act and sentenced to undergo R.I. for 1 year with a fine of Rs. 1,000/-and under Section 25(1-B)A of Arms Act and sentenced to undergo R.I. for 1 year with a fine of Rs. 1,000/- with default stipulation in each.

Learned counsel for the appellant submits that the during the pendency of this criminal appeal, appellant has granted interim bail for two months on 22.01.2021, which has ended on 21.03.2021 and on the said dated, appellant has surrendered before the Trial Court and he has been sent to jail. He further submits that appellant is suffering from heart problem and as per the doctor opinion, his treatment requires to be out of Signature Not Verified SAN station. The same report has been submitted by the Jail administration Digitally signed by PALLAVI SINHA Date: 2021.07.07 18:12:22 IST 2 CRA-2664-2017 and appellant wanted his treatment/operation from Nagpur (Maharashtra). He went to Nagpur but due to COVID-19, the doctor does not provide him the medical treatment and has directed to the appellant that the treatment shall be provided to him in the first week of July 2021. Copy of the same is annexed herewith. This appeal is of year 2017 and

trial will take time to conclude the same. There is fair chance to succeed in the appeal. There is no likelihood of his absconding and tampering with the evidence. Under the circumstances, if the execution of sentence of the appellant is not suspended, his right to file appeal will be futile. Hence, prayer is made for temporary suspension of jail sentence and grant of bail to the present appellant-accused.

On the other hand, learned Panel Lawyer for the respondent-State opposes the submission of appellant's counsel and prays for rejection of application.

Heard and perused the record.

Having considered the argument advanced by learned counsel for the parties and the factum of medical treatment of the appellant, which has been verified by the Panel Lawyer for the respondent-State, in view of this Court, it is appropriate to grant temporary bail to the appellant for a time period of two months.

Accordingly, the said I.A. is allowed.

It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant-Subhash Samundre shall remain suspended for two months from today and he be released on bail on his furnishing a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh Only) with two solvent sureties each of Rs. 50,000/- to the satisfaction of the trial court. After the expiry of said period of two months, appellant is directed to surrender himself before the Trial Court. If the appellant-accused will not surrender before the Signature Not Verified SAN

Digitally signed by PALLAVI SINHA Date: 2021.07.07 18:12:22 IST 3 CRA-2664-2017 Trial Court after expiry of the aforesaid period, then Trial Court is free to take necessary steps.

List this matter in week commencing 06.09.2021.

C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

Pallavi

Signature Not Verified SAN

Digitally signed by PALLAVI SINHA Date: 2021.07.07 18:12:22 IST