Madhya Pradesh High Court
Suraj Singh vs The State Of Madhya Pradesh on 14 July, 2021
Author: Sheel Nagu
1 Cra.3417.2021
THE HIGH COURT OF MADHYA PRADESH
Cra.3417.2021
(Suraj Singh & Ors Vs. The State of M.P.)
Gwalior, dt. : 14.07.2021
Shri Sushil Goswami, learned counsel for the appellant.
Shri Pramod Pachouri, learned Public Prosecutor for
respondent/State.
Heard through Video Conferencing.
This criminal appeal assails the judgment dated 06.03.2021 passed in
S.T.No.23/2014 by II Additional Sessions Judge, Ganjbasoda, District
Vidisha (M.P.) whereby appellant No.1- Suraj Singh has been convicted as
under:
Section Imprisonment Fine
302/34 IPC LI Rs. 1,000/- with
default stipulation
325/34 IPC Two Years RI Rs.1,000/- with
default stipulation
323/34 IPC One month's RI Rs.200/- with
default stipulation
I.A.18645/2021, first application u/S. 389(1) Cr.P.C. for grant of
interim suspension of sentence (90 days) moved on behalf of appellant
No.1- Suraj Singh is taken up and considered.
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 interim suspension of
sentence is made out.
2 Cra.3417.2021
It is submitted by learned counsel for the appellants that appellant
No.1- Suraj Singh is 63 years old which fact is not disputed and therefore,
looking to the present situation of Covid-19 pandemic, benefit of suspension
of sentence be granted to him.
Since appellant No.1- Suraj Singh is said to be aged 63 years and
therefore, falls within the criteria laid down in para-15(I)(II) of the order
passed by the Coordinate Bench of this Court at Principal Seat, Jabalpur in
W.P. No.9320/2021 (PIL) [In Reference (Suo Motu) Vs. The State of
M.P. & Ors.] entitling him the benefit of suspension of sentence.
In view of above and the order passed by Apex Court in Suo Motu in
WP No.01/2020 passed on 07/05/2021 and looking to the second wave of
Covid-19 pandemic and to avoid congestion in jails which are hotbeds for
spread of Covid-19 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- Suraj Singh for a period of 90 days.
Accordingly, without expressing any opinion on merits,
I.A.18645/2021 is allowed and it is directed that appellant No.1- Suraj
Singh 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 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.1- Suraj Singh.
3 Cra.3417.2021
It is further directed that appellant No.1- Suraj Singh 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- Suraj
Singh during period of suspension of sentence as a consequence of this
order.
The intimation regarding surrender by appellant No.1- Suraj Singh 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) (Deepak Kumar Agarwal)
Judge Judge
pd
PAWAN
Digitally signed by PAWAN
DHARKAR
DN: c=IN, o=HIGH COURT OF
MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF
DHARK MADHYA PRADESH BENCH
GWALIOR, postalCode=474011,
st=Madhya Pradesh,
2.5.4.20=345b3604d572ed9dd149
AR
2fe82dc3b1eef67eff2cb59f3ac97e
920ac264de7828, cn=PAWAN
DHARKAR
Date: 2021.07.15 11:41:02 +05'30'
