Pran Singh @ Lalla vs The State Of Madhya Pradesh
2021 Latest Caselaw 3201 MP

                                              1              CRA-470-2019

            THE HIGH COURT OF MADHYA PRADESH
                           CRA-470-2019
           (Pran Singh @ Lalla & ors. Vs. The State of M.P.)

Gwalior, dated: 12.07.2021

          Shri Anand Purohit, learned counsel for the appellant.

          Shri Rajesh Shukla, learned Dy.A.G. for respondent/State.

Heard through video conferencing.

This criminal appeal assails the judgment dated 14.12.2018 passed

in S.T. No.33/2016 by Ist Additional Sessions Judge Guna (M.P.) whereby

appellant No.3-Sukhram alias Sukhlal has been convicted as under :-

              Section         Imprisonment        Fine
         341 of IPC          1 month R.I.         -

         323/34 of IPC       3 months R.I.
                                         Rs.500/- with default
                                         stipulation
         324/34 of IPC    3 months R.I.  Rs.1000/- with default
                                         stipulation
         302/34 of IPC    Life           Rs.2000/- with default
                          imprisonment   stipulation

I.A.16837/2021, an application for interim suspension of

sentence filed on behalf of appellant No.3-Sukhram alias Sukhlal is taken

up and considered.

Age of appellant No.3-Sukhram alias Sukhlal is verified from the

record of lower Court especially arrest memo which reflects the age to be 55

years in November, 2015. Thus appellant No.3-Sukhram alias Sukhlal today

is more than 60 years.

In view of criteria laid down by division Bench of this Court at

Principal Seat Jabalpur by order dated 10.05.2021 [WP 9320/2021 (PIL)- In

Reference (Suo Motu) Vs. The State of M.P. & ors.] especially Para

15(i), this Court is inclined to grant temporary suspension of sentence to the

appellant No.3-Sukhram alias Sukhlal for a period of 90 days.

2 CRA-470-2019

Accordingly, without expressing any opinion on merit, IA

16837/2021 is allowed and it is directed that appellant No.3-Sukhram alias

Sukhlal be realsed on interim bail for a period of 90 (Ninety) days 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 available Magistrate provided that amount of fine

has been deposited by appellant No.3-Sukhram alias Sukhlal.

It is further directed that appellant No.3-Sukhram alias Sukhlal

shall surrender himself to custody 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 No.3-Sukhram alias

Sukhlal during period of suspension of sentence as a consequence of this

order.

The intimation regarding surrender of appellant No.3-Sukhram

alias Sukhlal be furnished to this Court by the concerned Magistrate.

List the case ten days before expiry of 90 days.

C.c. as per rules.

               (Sheel Nagu)                 (Anand Pathak)
                  Judge                         Judge

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2021.07.1
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