Dhandhu Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 2098 MP

                                       1                Cra 286.2015

                 The High Court of Madhya Pradesh
                           Cra.286.2015
         (Dhandhu Singh & another Vs. State of M.P.)
Gwalior dated 3.06.2021

      Shri Atul Gupta, learned counsel for the appellant No.2.

      Shri Rajesh Kumar Shukla, learned Dy. Advocate General

for the State.

      Heard through video conferencing.

      I.A.18996/2020, fifth repeat application u/Sec. 389(1) of

Cr.P.C. for suspension of sentence and grant of bail moved on

behalf of appellant No.2-Mitrapal @ Sobaran Singh after rejection

of earlier ones on merits on 3/2/2017 is taken up and considered.

      The factum regarding old age of appellant No.2-Mitrapal @

Sobaran Singh is verified by the State and found to be true.

      This criminal appeal assails the judgment dated 13/3/2015

passed in S.T.81/2008 by First Additional Sessions Judge, Jaura,

District Morena (M.P.) whereby appellant No.2 has been

convicted and sentenced with default stipulations as under :-

       Sections            Imprisonment               Fine
      302/34 IPC        Life Imprisonment    Rs. 10,000/- with
                                             default stipulation
       201 IPC          7 Years R.I.         Rs.5,000/-        with
                                             default stipulation

      Learned counsel for the appellant submits that appellant

No.2 has suffered incarceration of 7 years R.I. including remission

period as against LI awarded. It is further submitted that appellant

No.2 is old & infirm being aged 75 years and therefore looking to

present situation of Covid-19 pandemic, benefit of suspension of
                                        2                Cra 286.2015

sentence be granted to him.

      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

suspension of sentence is made out.

      After hearing learned counsel for rival parties without

entering into the merits of the case and in view of order passed by

Apex Court in Suo Motu in W.P.No.01/2020 passed on

07.05.2021

with regard to under trial prisoner and also in view of

the order passed by the Division Bench of this Court at the

principal seat at Jabalpur dated 10.05.2021 [WP.9320/2021- In

Reference (Suo Motu) Vs. The State of M.P. & Ors.], looking to

second wave 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

is inclined to allow I.A.18996/2020.

Accordingly, I.A. 18996/2020 stands allowed and it is

directed that appellant No.2-Mitrapal @ Sobaran 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 No.2.

It is further directed that appellant No.2 shall surrender

himself before the concerned Magistrate immediately after expiry 3 Cra 286.2015

of 90 days.

The learned concerned 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 during period of suspension of

sentence as a consequence of this order.

The intimation regarding surrender by appellant No.2 be

furnished to this Court by the concerned Magistrate.

List the case 10 days before expiry of 90 days (ninety

days.)

C.c as per rules.

                                                 (Sheel Nagu)                            (G.S.Ahluwalia)
                                                Vacation Judge                            Vacation Judge
              (Bu)

DHANA Digitally signed by DHANANJAY BUCHAKE DN: c=IN, o=HIGH COURT OF

NJAY MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

BUCHA st=Madhya Pradesh, 2.5.4.20=6489e9ca230b3031a4b4 4a621934281f589875c02fb2a20e 4220aebc8a3ba7ec,

KE cn=DHANANJAY BUCHAKE Date: 2021.06.03 15:48:45 +05'30'