Lakhan vs The State Of Madhya Pradesh
2021 Latest Caselaw 3131 MP

            01        HIGH COURT OF MADHYA PRADESH
                          CRA. No.2345/2018
                      (Lakhan & Ors. vs. State of M.P.)

Gwalior, Dated: 9/7/2021
         Heard through video conferencing.

         Shri Anil Kumar Mishra, learned counsel for the appellants.

         Shri Pramod Pachori, learned Public Prosecutor for respondent-

State.

I.A.No.6024/2021, an application for urgent hearing, is taken up,

considered and allowed for the reasons mentioned therein.

This criminal appeal has been filed against the judgment dated

26/2/2018 passed by First Additional Sessions Judge, Mungawali,

District Ashoknagar in Sessions Trial No.136/2011 by which appellant

No.2-Shyamlal has been convicted and sentenced as under:-

     Section under IPC Imprisonment            Fine
     302/34               Life imprisonment    Rs.5,000/- with default
                                               stipulation
     323/34               1 year of R.I.       Rs.500/- with default
                                               stipulation.
     307/34               10 years of R.I.     Rs.1,000/- with default
                                               stipulation.

I.A.No.6023/2021, first application under Section 389 (1) of

Cr.P.C. for suspension of sentence on behalf of appellant No.2-

Shyamlal, 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 suspension of sentence 02 HIGH COURT OF MADHYA PRADESH CRA. No.2345/2018 (Lakhan & Ors. vs. State of M.P.)

is made out.

It is submitted by learned counsel for the appellant that appellant

No.2- Shyamlal is more than 62 years old and therefore, looking to the

present situation of Covid-19 pandemic, benefit of interim suspension of

sentence for the period of 90 days be granted to him.

Since appellant No.2- Shyamlal is said to be aged more than 62

years and therefore, falls within the criteria laid down in para-15(I)(II)

of the order passed by the Coordinate Bench of this Court at Principal

Seat, Jabalpur in W.P. No.9320/2021 (PIL) [In Reference (Suo Motu)

Vs. The State of M.P. & Ors.] entitling him the benefit of suspension

of sentence.

In view of above and the order passed by Apex Court in Suo

Motu in WP No.01/2020 passed on 07/05/2021 and looking to the

second waive of Covid-19 pandemic and to avoid congestion in jails

which are hotbed for spread of Covid-19 infection and also that there is

no likelihood of early disposal of appeal in near future, this court,

without entering into merits of the case, is inclined to grant interim

suspension of sentence to appellant No.2-Shyamlal for a period of 90

days.

Accordingly, without expressing any opinion on merits,

I.A.No.6023/2021 is allowed and it is directed that appellant No.2-

Shyamlal be released on interim bail for a period of 90 (Ninety) days 03 HIGH COURT OF MADHYA PRADESH CRA. No.2345/2018 (Lakhan & Ors. vs. State of M.P.)

from the date of release, subject to his furnishing bail bond of

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

the like amount to the satisfaction of concerned Magistrate provided that

amount of fine has been deposited by appellant No.2- Shyamlal.

It is further directed that appellant No.2- Shyamlal shall surrender

before the concerned Magistrate immediately after expiry of 90 days.

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

appellant No.2- Shyamlal during period of suspension of sentence as a

consequence of this order.

The intimation regarding surrender by appellant No.2- Shyamlal

be furnished to this Court by the concerned Magistrate.

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

information.

List the case 10 days before expiry of 90 days (ninety days).

Certified copy/e-copy as per rules.

                      (Sheel Nagu)                   (Rajeev Kumar Shrivastava)
pwn*                     Judge                                 Judge
  Pawan Kumar
  2021.07.10
  13:22:29
  +05'30'