Sanjeev Alias Sanju Bhagel vs The State Of Madhya Pradesh
2021 Latest Caselaw 2190 MP

                                              1             CRA-2106-2021

             THE HIGH COURT OF MADHYA PRADESH

                             CRA-2106-2021
                (Sanjeev @ Sanju Bhagel Vs. The State of M.P.)

Gwalior, dated: 08.06.2021

          Shri J.P. Mishra, learned counsel for appellants.

          Shri R.K. Awashti, learned PP for respondent/State.

Heard through video conferencing.

Learned counsel for the appellants prays for withdrawal

I.A.No.14816/2021, 1st application u/S. 389 (1) Cr.P.C. for suspension of

sentence so far as it relates to appellants No. 1 to 4, namely, Sanjeev @

Sanju Bhagel, Pankaj Bhagel, Arjun Bhagel and Sachin @ Kailu

respectively.

Accordingly, I.A. No. 14816/2021 so far as it relates to

appellants No. 1 to 4, namely, Sanjeev @ Sanju Bhagel, Pankaj Bhagel,

Arjun Bhagel and Sachin @ Kailu respectively stands dismissed as

withdrawn.

I.A.No.14816/2021, 1st application u/S. 389 (1) Cr.P.C. for

suspension of sentence so far as it relates to appellant No. 5, Mahendra

Singh Bhagel is considered.

This criminal appeal assails the judgment dated 28.01.2021

passed in S.S.T. No. 132/2018 by Special Judge, Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, Vidisha whereby the

appellant No.5, Mahendra Singh Bhagel has been convicted as under. :-

                                              2             CRA-2106-2021

         Section        Imprisonment Fine         Imprisonment      (RI)
                                                  in lieu of fine
         341/149      One Month       Rs.500/-    10 Days
         IPC
         r/w 3(2)
         (va)
         of the St/Sc
         Act.
         302/149      Life            Rs.1,000 6 Months
                      Imprisonment    /-
         3(2)(V) of Life              Rs.1,000 6 Months
         the SC/ST Imprisonment       /-
         Act.

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 bail is made out.

As regards appellant No. 5 Mahendra Singh Bhagel, it is seen

that the appelant No. 5 is suffering 40% of disability as per disability

certificate dated (not legible).

For this purpose, the criteria laid down by the co-ordinate bench

of this Court in W.P. No. 9320/2021 vide order dated 10.05.2021 is relied

upon, wherein inter alia following category of convicts are liable to be

extended benefit of temporary suspension of sentence:

15. Having heard the learned Amicus Curiae and the learned Additional Advocate General, this Court, in view of extraordinary situation prevailing in the State, deems it appropriate to direct the respondents to place before the High Powered Committee the following suggestions given by, both the Director General of Prisons and the learned Amicus Curiae:

                                               3               CRA-2106-2021

          I.           For convicted prisoners:

The jail authorities should consider granting emergent parole, of at-least 90 days, on usual conditions to the following categories of prisoners:

i. All male prisoners, who are more than 60 years of age;

ii. All female prisoners, who are more than 45 years of age;

iii. All female prisoners, regardless of their age, who are lodged in jail alongwith with their minor children;

iv. All female prisoners who are carrying pregnancy of whatever duration; v. All prisoners on the basis of medical certification found to be suffering from cancer, serious heart ailments such as having: (i) undergone bypass surgery, (ii) valve replacement surgery, (iii) HIV, (iv) Cancer, (v) Chronic Kidney Dysfunction (UTPs. requiring Dialysis), '(vi) Hepatitis B or C,

(vii) Asthma, (viii) Tuberculoses; and (ix) disablement of body to the extent of 40% or more;

Considering the above and the second wave of Covid-19

pandemic and that there is no likelihood of early disposal of appeal in

near future and the order of the division Bench of this Court at principal

seat in W.P. No.9320/2021, without entering into merits of the matter,

I.A.14816/2021 is allowed and it is directed that appellant No.5-

Mahendra Singh Bhagel be released on interim bail for a period of 90

(Ninety) days from the date of release, on his furnishing bail bond of 4 CRA-2106-2021

Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of

the like amount to the satisfaction of concerned available Magistrate

subject to verification that amount of fine has been deposited by appellant

No.5. It is further directed that appellant No.5 shall surrender himself

before the concerned available Magistrate immediately after expiry 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.5 during period of suspension of sentence as a consequence of this

order.

The intimation regarding surrender by appellant No.5 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)                            (Anand Pathak)
                                  Judge                                     Judge


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        2021.06.09
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