Amol Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 3399 MP

            HIGH COURT OF MADHYA PRADESH,
                  BENCH AT GWALIOR
                          Cr.A. No.638/2018
            ( Amol Singh Vs. The State of Madhya Pradesh)
                                    (1)

Gwalior, dated : 16/07/2021

         Heard through Video Conferencing.

         Shri Sushil Goswami, learned counsel for the appellant.

         Shri N.S. Tomar, learned Public Prosecutor for the respondent-

State.

This criminal appeal assails the judgment dated 26/12/2017

passed in 355/2004 by V Additional Sessions Judge, Morena (M.P.)

whereby appellant has been convicted as under:

     Section             Imprisonment            Fine
     302/149 IPC         LI                      Rs. 25,000/- with
                                                 default
                                                 stipulation
     307/149 IPC         Ten Years RI            Rs.5,000/- with
                                                 default
                                                 stipulation

I.A.9743/2021, fourth application u/S. 389(1) Cr.P.C. for grant

of suspension of sentence moved on behalf of appellant Amol

Singh is taken up and considered.

Earlier first IA No. 9051/2018 was dismissed for want of

prosecution vide order dated 07/12/2018, second IA No. 9385/2018

was dismissed as withdrawn vide order dated 08/03/2019 and third

IA No. 7226/2019 vide order dated 16/10/2020 was allowed

temporarily.

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.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.638/2018 ( Amol Singh Vs. The State of Madhya Pradesh)

It is submitted by learned counsel for the appellant that

appellant Amol Singh is 75 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. Moreover,

appellant has already been granted temporary suspension of sentence

on the ground of age in first wave of Covid-19, pandemic.

Since appellant Amol Singh is said to be aged 75 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 Amol Singh for a period

of 90 days.

Accordingly, without expressing any opinion on merits, I.A.

9743/2021 is allowed and it is directed that appellant Amol 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/-

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.638/2018 ( Amol Singh Vs. The State of Madhya Pradesh)

(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 Amol

Singh.

It is further directed that appellant Amol 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 Amol Singh during period of suspension of

sentence as a consequence of this order.

The intimation regarding surrender by appellant Amol Singh

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)                     (S.A.Dharmadhikari)
                          Judge                             Judge
Prachi*


          PRACHI
          MISHRA
          2021.07.16
          16:58:45
          +05'30'