Madhya Pradesh High Court
Chandu Alias Chandra Prakash vs The State Of Madhya Pradesh on 13 July, 2021
Author: Sheel Nagu
1
THE HIGH COURT OF MADHYA PRADESH
CRA No.4361/2018
(Chandu @ Chandra Prakash and another Vs. State of M.P.)
Gwalior, dated 13.07.2021
Shri V.K. Agarwal, learned counsel for the appellants.
Shri A.K. Nirankari, learned Public Prosecutor for the respondent/State.
Learned counsel for rival parties are heard through Video Conferencing.
This criminal appeal assails the judgment dated 15.05.2018 passed in
Special Case No.05/2008 by Special Judge (MPDVPK), District- Datia,
whereby appellant No.1 Chandu @ Chandra Prakash has been convicted as
under:
Section Imprisonment Fine
364 (ka)/34 of IPC Life Imprisonment Rs. 10,000/- with
default stipulation
13 of MPDVPK Life Imprisonment Rs.10,000/- with
default stipulation
I.A. No.14050/2021, second application u/S. 389 Cr.P.C. for suspension
of sentence moved on behalf of appellant No.1 Chandu @ Chandra Prakash is
taken up and considered.
It is submitted by learned counsel for the appellant No.1 that appellant
No.1 Chandu @ Chandra Prakash is old & infirm being aged about 61 years
and therefore, looking to the present situation of COVID-19 pandemic, benefit
of suspension of sentence be granted to him.
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 bail is made out.
The said appellant No.1 is stated to be 61 years of age and therefore, in
view of order passed by Apex Court in Suo Motu in WP No.01/2020 passed
on 17/05/2021 with regard to under trial prisoner and also in view of the order
passed by the Division Bench of this Court at Principal Seat at Jabalpur, dated
10.05.2021 [WP.9320/2021-In Reference (Suo Motu) Vs. The State of M.P.
& Ors.] and looking to the second waive of COVID-19 pandemic and to avoid
congestion in jails which are hotbed for spread of 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.1 Chandu @ Chandra Prakash for a period of 90 days.
Accordingly, without expressing any opinion on merits, I.A. No.
14050/2021 is allowed and it is directed that appellant No.1 Chandu @
Chandra Prakash be released 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 two solvent sureties of the like amount to
the satisfaction of concerned Magistrate provided that amount of fine has been
deposited by appellant No.1 Chandu @ Chandra Prakash.
It is further directed that appellant No.1 Chandu @ Chandra Prakash
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.1 Chandu @ Chandra
Prakash during period of suspension of sentence as a consequence of this
order.
The intimation regarding surrender by appellant No.1 Chandu @
Chandra Prakash 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).
C.c as per rules.
(Sheel Nagu) (Anand Pathak)
Judge Judge
Rashid
RASHID
Digitally signed by RASHID KHAN
DN: c=IN, o=HIGH COURT Of M P BENCH
GWALIOR, postalCode=474011, st=Madhya
Pradesh,
2.5.4.20=23377d7d214c811801fc322b576ca4
KHAN
ed1954237f6324416af3985b5e9940ed42,
serialNumber=111cc474a72b078dc9a89f3cb
13bb668fd8e0e91beda3cb721bbd836d768b
09c, cn=RASHID KHAN
Date: 2021.07.14 17:03:07 +05'30'
