Shailu @ Shailendra Singh @ ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 3132 MP

          HIGH COURT OF MADHYA PRADESH,
                BENCH AT GWALIOR
                            Cr.A. No.941/2017
       (Shailu @ Shailendra Vs. The State of Madhya Pradesh)
                                    (1)

Gwalior, dated : 09.07.2021

      Heard through Video Conferencing.

      Shri Atul Gupta, Advocate for the appellant.

      Shri Manish Nayak, Panel Lawyer for the respondent/State.

I.A. No. 16964/2021, an application for urgent hearing, is

taken up, considered and allowed for the reasons mentioned therein

This criminal appeal assails the judgment dated 22.06.2017

passed in S.T. No.331/2015 by Sessions Judge, Bhind (M.P.),

whereby appellant has been convicted and sentenced as under with

default stipulation :-

        Sec              Imprisonment                    Fine
302 of IPC          Life imprisonment Rs.5000/- with default stipulation
25(1-B)(A) of       3 Years' R.I.         Rs.3000/- with default stipulation
Arms Act

I.A. No.16966/2021 has been filed seeking temporary

suspension of sentence and grant of bail to the appellant, who is in

custody for more than five years. The ground taken is that mother of

the appellant is suffering from cancer.

The health status report dt.27.06.2021 filed by the State and

the accompanying documents reveal that the father of the appellant

is away in search of livelihood and mother is alone in the house and

suffering from cancer and it is advised to take treatment at Tata

Memorial Hospital.

Learned State counsel has opposed the prayer and prayed for

rejection of the application.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.941/2017 (Shailu @ Shailendra Vs. The State of Madhya Pradesh)

Heard learned counsel for the rival parties and perused the

materials available on record.

Considering the fact that the mother of the appellant is

suffering from cancer as well as current COVID-19 situation, prayer

for grant of temporary suspension of sentence and bail to appellant -

Shailu @ Shailendra is hereby allowed.

It is hereby directed that appellant Shailu @ Shailendra be

released on interim bail for a period of 90 (Ninety) days from the

date of release, on 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 subject to verification that

amount of fine has been deposited by appellant. It is further directed

that appellant shall surrender himself before the concerned

Magistrate immediately after expiry of 90 days.

The learned concerned 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 during period of suspension of sentence as a

consequence of this order.

The intimation regarding surrender of the appellant be

furnished to this Court by the concerned Magistrate.

The appellant is directed to file relevant documents regarding

treatment of his mother.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.941/2017 (Shailu @ Shailendra Vs. The State of Madhya Pradesh)

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

C.c as per rules.

                       (Sheel Nagu)                     (S.A.Dharmadhikari)
                          Judge                             Judge
Prachi*

          PRACHI
          MISHRA
          2021.07.1
          0 10:34:02
          +05'30'