Ramjilal vs The State Of Madhya Pradesh
2021 Latest Caselaw 3252 MP

                               1                      Cra.1151/2014

           THE HIGH COURT OF MADHYA PRADESH
                      Cra.1151/2014
              (Ramjilal & ors. Vs. State of M.P.)
Gwalior, Dated : 13.07.2021

      Shri Deependra Singh Raghuvanshi, learned counsel for

appellant No.1-Ramjilal.

      Shri Pramod Pachouri, learned PP for respondent/State.

Heard through video conferencing.

I.A.No.19253/2014, 5th application u/S. 389 (1) Cr.P.C. for

suspension of sentence filed on behalf of appellant No.1-Ramjilal

is considered.

This criminal appeal assails the judgment dated 13.10.2014

passed in S.T. No. 204/2011 by Third Additional Sessions Judge,

Shivpuri whereby the appellant No. 1-Ramjilal has been

convicted as under. :-

Section Imprisonment Fine Imprisonment (RI) in lieu of fine 302/149 Life Rs.2000/- 03 Months of IPC Imprisonment 148 of - Rs.2000/- 03 Months IPC

Learned counsel for the State opposed the application 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 bail is made out.

As regards appellant No. 1-Ramjilal, it is submitted that the

appellant is 66 years old and, therefore, is entitled to bail on

compassionate ground.

For this purpose, the criteria laid down by the co-ordinate 2 Cra.1151/2014

bench of this Court in W.P. No. 9320/2021 vide order dated

10.05.2021 is relied upon, wherein inter alia following category

of convicts are liable to be extended benefit of temporary

suspension of sentence:

15. Having heard the learned Amicus Curiae and the learned Additional Advocate General, this Court, in view of extraordinary situation prevailing in the State, deems it appropriate to direct the respondents to place before the High Powered Committee the following suggestions given by, both the Director General of Prisons and the learned Amicus Curiae:

I. For convicted prisoners:

The jail authorities should consider granting emergent parole, of at-least 90 days, on usual conditions to the following categories of prisoners:

i. All male prisoners, who are more than 60 years of age;

ii. All female prisoners, who are more than 45 years of age;

iii. All female prisoners, regardless of their age, who are lodged in jail alongwith with their minor children;

iv. All female prisoners who are carrying pregnancy of whatever duration; v. All prisoners on the basis of medical certification found to be suffering from cancer, serious heart ailments such as having:

(i) undergone bypass surgery, (ii) valve replacement surgery, (iii) HIV, (iv) Cancer,

(v) Chronic Kidney Dysfunction (UTPs.

3 Cra.1151/2014

requiring Dialysis), '(vi) Hepatitis B or C,

(vii) Asthma, (viii) Tuberculoses; and (ix) disablement of body to the extent of 40% or more;

Considering the above and the second wave of Covid-19

pandemic and that there is no likelihood of early disposal of

appeal in near future and the order of the division Bench of this

Court at principal seat in W.P. No.9320/2021, without entering

into merits of the matter, I.A.19253/2021 is allowed and it is

directed that appellant No.1-Ramjilal 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 available Magistrate subject to

verification that amount of fine has been deposited by appellant

No.1. It is further directed that appellant No.1 shall surrender

himself before the concerned available 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.1 during period of suspension of

sentence as a consequence of this order.

The intimation regarding surrender by appellant No.1 be

furnished to this Court by the concerned Magistrate.

4 Cra.1151/2014

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

days.).

C.c as per rules.

             (Sheel Nagu)                     (Anand Pathak)
               Judge                              Judge

SMT NEETU
SHASHANK
2021.07.14
16:19:23
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