Madhya Pradesh High Court
Lalji Singh vs The State Of Madhya Pradesh on 16 July, 2021
Author: Sheel Nagu
1 Cra.5559.2017
THE HIGH COURT OF MADHYA PRADESH
Cra.5559.2017
(Lalji Singh & Anr. Vs. The State of M.P.)
Gwalior, dt. : 16.07.2021
Shri Atul Gupta, learned counsel for the appellants.
Shri R.K. Awasthi, learned Public Prosecutor for respondent/State.
Heard through Video Conferencing.
This criminal appeal assails the judgment dated 16.11.2017 passed in
S.T.No.291/2009 by I Additional Sessions Judge, Bhind (M.P.) whereby
appellant No.2- Malkhan Singh has been convicted as under:
Section Imprisonment Fine
302 IPC LI Rs. 10,000/- with
default stipulation
307/149 IPC Seven Years RI Rs.10,000/- with
default stipulation
148 IPC Three Years' RI Rs.3,000/- with
default stipulation
IA.18880/2021, third repeat application u/S. 389(1) Cr.P.C. for grant
of interim suspension of sentence (90 days) moved on behalf of appellant
No.2- Malkhan 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.
Report as regards ailment of the wife of appellant No.2 Malkhan
Singh is received and the same reveals that the wife of appellant No.2
2 Cra.5559.2017
suffers from bleeding from uterus and therefore her Hysterectomy is
required. Wife of appellant No.2 resides with two children i.e. 18 years old
daughter and 16 years old son and that there is no other major member in the
family.
In view of above, it would be appropriate to grant temporary
suspension of sentence to appellant No.2-Malkhan Singh to enable him to
get his wife treated.
Accordingly, without expressing any opinion on merits,
IA.18880/2021 is allowed and it is directed that appellant No.2- Malkhan
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.2- Malkhan Singh .
It is further directed that appellant No.2- Malkhan 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.2-
Malkhan Singh during period of suspension of sentence as a consequence
of this order.
3 Cra.5559.2017
The intimation regarding surrender by appellant No.2- Malkhan
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).
Relevant documents vouching the treatment of wife of appellant
No.2-Malkhan Singh be filed before next date of hearing.
C.c as per rules.
(Sheel Nagu) (Rajeev Kumar Shrivastava)
Judge Judge
pd
Digitally signed by PAWAN
DHARKAR
DN: c=IN, o=HIGH COURT OF
MADHYA PRADESH BENCH
PAWAN GWALIOR, ou=HIGH COURT OF
MADHYA PRADESH BENCH
GWALIOR, postalCode=474011,
DHARKAR st=Madhya Pradesh,
2.5.4.20=345b3604d572ed9dd14
92fe82dc3b1eef67eff2cb59f3ac9
7e920ac264de7828, cn=PAWAN
DHARKAR
Date: 2021.07.16 17:40:40 +05'30'
