Madhya Pradesh High Court
Punjab Singh vs State Of M.P. on 16 July, 2021
Author: Sheel Nagu
1
THE HIGH COURT OF MADHYA PRADESH
CRA-556-2011
(Punjab Singh Vs. State of M.P.)
Gwalior, dt. :16/07/2021
Shri V.D. Sharma, learned counsel for appellant.
Shri Avnish Singh, learned Public Prosecutor for respondent/State.
Learned counsel for rival parties are heard through Video
Conferencing.
This criminal appeal assails the judgment dated 31.03.2011 passed in
S.S.T.No.02/2008 by Special Judge (MPDVPK Act), Shivpuri (M.P.)
whereby the appellant has been convicted as under. :-
Section Imprisonment Fine
364-A/149 of IPC Life Imprisonment Rs.1,000/- with default
read with Section stipulation
11/13 of MPDVPK
Act.
I.A.No.18055/2021, second repeat application u/S.389 Cr.P.C. for
grant of suspension of sentence moved on behalf of sole appellant-Punjab
Singh is taken up and considered.
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 suspension of sentence is made
out.
It is submitted by learned counsel for appellant that appellant-Punjab
Singh is aged about 60 years old and therefore, looking to the present
situation of Covid-19 pandemic, benefit of suspension of sentence be
granted to him.
After verifying from the record of court below especially arrest memo
of appellant, it reveals that when the appellant was arrested in June, 2010,
he was shown to be aged 50 years and therefore, presently appellant is 61
years old.
Since the appellant is said to be aged 61 years old 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 hotbed 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-
Punjab Singh for a period of 90 days.
Accordingly, without expressing any opinion on merits,
I.A.No.18055/2021 is allowed and it is directed that appellant- Punjab
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 Magistrate provided that amount of fine has been
deposited by appellant- Punjab Singh.
It is further directed that appellant- Punjab 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- Punjab
Singh during period of suspension of sentence as a consequence of this
order.
Since the appellant has large number offences registered against
him, therefore, appellant-Punjab Singh is directed to mark his attendance
before the concerned Police Station once a week during the period of
suspension of sentence.
The intimation regarding surrender by appellant- Punjab 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) (Rajeev Kumar Shrivastava)
Judge Judge
vpn
VIPIN KUMAR
AGRAHARI
2021.07.19
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00'
14:19:09
+05'30'
