Madhya Pradesh High Court
Aman Singh vs The State Of Madhya Pradesh on 8 June, 2021
Author: Sheel Nagu
1
THE HIGH COURT OF MADHYA PRADESH
CRA-2376-2021
(Aman Singh & Another Vs. State of M.P.)
Gwalior, dt. : 8/6/2021
Shri J.P. Mishra, learned counsel for the appellant.
Shri R.K. Awasthi, Public Prosecutor for the respondent/State.
Learned counsel for rival parties are heard through Video Conferencing.
This criminal appeal assails the judgment dated 16/03/2021 passed in
S.T.No.361/2013 by Seventh Additional Session Judge, Shivpuri, District
Shivpuri whereby appellant No.1- Aman Singh has been convicted as under:
Section Imprisonment Fine
302/34 of IPC Life Imprisonment Rs. 2000/- with
default stipulation
I.A.No. 12384/2021, first application u/S. 389(1) Cr.P.C. for suspension
of sentence moved on behalf of appellant No.1- Aman Singh is taken up and
considered.
It is submitted by learned counsel for the appellant that appellant No.1-
Aman Singh is old & infirm being aged about 86 years and therefore, looking
to the present situation of Covid-19 pandemic, benefit of suspension of
sentence be granted to him.
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 bail is made out.
The said appellant was stated to be 77 years in cause title of the
impugned judgment and therefore, must be more than 80 years at present and
therefore, in view of order passed by Apex Court in Suo Motu in WP
No.01/2020 passed on 17/05/2021 with regard to under trial prisoner and also
in view of the order passed by the Division Bench of this Court at principal
seat at Jabalpur, dated 10.05.2021 [WP.9320/2021-In Reference (Suo Motu)
Vs. The State of M.P. & Ors.] and looking to the second waive 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, without entering into merits of the case, is inclined to grant
interim suspension of sentence to appellant No.1- Aman Singh for a period of
90 days.
Accordingly, without expressing any opinion on merits, I.A.No.
12384/2021 is allowed and it is directed that appellant No.1- Aman 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.1-Aman Singh.
It is further directed that appellant No.1-Aman 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- Aman Singh during
period of suspension of sentence as a consequence of this order.
The intimation regarding surrender by appellant No.1-Aman 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) (Anand Pathak)
Judge Judge
(suneel)
SUNEEL Digitally signed by SUNEEL DUBEY
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH
COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011,
st=Madhya Pradesh,
DUBEY
2.5.4.20=157244b0239a6fd662b29b00a11fc66a5e160f585aa7a92425f380d4
76b32818, cn=SUNEEL DUBEY
Date: 2021.06.10 11:53:18 -07'00'
