Parsuram vs The State Of Madhya Pradesh
2021 Latest Caselaw 3135 MP

          HIGH COURT OF MADHYA PRADESH,
                BENCH AT GWALIOR
                  Cr.A.No.4742/2018
     ( Parshuram and others Vs. The State of Madhya Pradesh )
                                  (1)

Gwalior, dated : 09.07.2021

      Shri Sushil Goswami, Advocate for the appellants.

      Smt. Uma Kushwah, learned Panel Lawyer, for the

respondent/State.

Heard the learned counsel for the parties through Video

Conferencing.

I.A. No.24809/2020, an application for urgent hearing through

video conferencing, accordingly, stands allowed.

Heard on I.A.No.24807/2020, second application, under

section 389(1) of the Cr.P.C., moved on behalf of the appellant No.1

Parshuram.

This Criminal appeal assails the judgment dated 28.04.2018

passed by the Additional Sessions Judge, Seondha, District Datia in

S.T. No.121/2012, whereby the appellant No.1 Parshuram has been

convicted under section 302/149 of the IPC and sentenced to

undergo life imprisonment with fine of Rs.10,000/- in default to

suffer additional R.I. for one year, under Section 148 of IPC and

sentenced to undergo R.I. for two years with fine of Rs.1,000/- in

default to suffer additional R.I. for six months and under Section

323/149 of IPC and sentenced to undergo R.I. for six months with

fine of Rs.1,000/- in default to suffer additional R.I. for one month.

Although the application (I.A.No.24807/2020) has been

moved for suspension of custodial sentence yet learned counsel for

the appellant No.1 confined his prayer to grant of temporary HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A.No.4742/2018 ( Parshuram and others Vs. The State of Madhya Pradesh )

suspension contending that the appellant No.1 is a senior citizen,

aged about 76 years and is suffering from aged related ailments. It is

submitted that two of the co-convicts are his sons and they died in

jail and there is no male member in the family to look after his

family. It is further submitted that in view of COVID-19 outbreak,

detention of appellant No.1 in already congested prisons, who owing

to his age is more susceptible, may be detrimental. It is prayed that

considering the aforesaid, benefit of suspension of custodial sentence

may be extended for a period of three months.

On the other hand, learned Panel Lawyer appearing for the

respondent/State has opposed the prayer and submitted that the

appellant No.1 has undergone incarceration of three years, whereas

the sentence awarded is life imprisonment and he is the main

accused, therefore, in such circumstances, this application deserves

to be dismissed.

In the circumstances, this Court is inclined to grant benefit of

interim suspension of sentence to the appellant No.1 for a period of

three months from the date of his release subject to verification of

the age of the appellant No.1. Accordingly, it is directed that

execution of jail sentence of the appellant No.1 Parshuram shall

remain suspended and he be released on interim bail for a period of

three months subject to furnishing a personal bond in the sum of

Rs.50,000/- (Rs. Fifty thousand only) with two solvent sureties each

of the like amount to the satisfaction of the concerned CJM. The HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A.No.4742/2018 ( Parshuram and others Vs. The State of Madhya Pradesh )

appellant No.1 shall also furnish a written undertaking that he will

abide by the terms and conditions of various circulars, as well as,

orders issued by the Central Government, State Government and

local administration from time to time such as maintaining social

distancing, physical distancing, hygiene etc. to avoid proliferation of

Corona virus.

It is directed that the appellant shall surrender himself before

the CJM concerned immediately after expiry of three months for

serving out the remaining part of jail sentence awarded to him under

the impugned judgment. The affidavit relating to surrender be filed

by the appellant No.1 immediately thereafter.

Consequently, I.A. No.24807/2020 stands disposed of.

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

                         (S.A.Dharmadhikari)                    (Vishal Mishra)
                              Judge                                 Judge
   mani

SUBASRI MANI
2021.07.10
14:06:12 -07'00'