Madhya Pradesh High Court
Ramautar Singh vs The State Of Madhya Pradesh Thr on 11 June, 2021
Author: Sheel Nagu
01Cr.A.619/2016
HIGH COURT OF MADHYA PRADESH
Cr.A. No. 619/2016
(Ramautar Singh & Ors.vs. State of M.P. )
Gwalior, Dated: 11.06.2021
Shri Sanjay Gupta, learned counsel for the appellants.
Smt. Abha Mishra, learned Public Prosecutor for the
respondent/State.
Learned counsel for rival parties are heard through Video
Conferencing.
This criminal appeal assails the judgment dated 02.07.2016
passed in S.T.No.265/2005 by First Additional Session Judge, Bhind,
District Bhind whereby appellants have been convicted as and
sentenced as under:-
Section Imprisonment Fine In Dedfault
302/149 of IPC Life Rs.1,000/- One year RI
Imprisonment
307/149 of IPC 10 years RI Rs.1,000/- One year RI
148 of IPC 3 years RI
I.A.No. 17246/2021, application for interim suspension of
sentence and grant of bail moved on behalf of appellant No.5-Arvind.
It is submitted by learned counsel for the appellant that appellant
that the appellant No.5-Arvind is suffering from cancer and is under
treatment, which fact is not disputed by learned counsel for the State.
Appellant No. 5-Arvind is aged about 52 years and because he is
suffering from cancer and therefore, looking to the present situation of
Covid-19 pandemic, benefit of suspension of sentence be granted to him.
02Cr.A.619/2016
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.
Appellant No. 5-Arvind is aged about 52 years and because he is
suffering from cancer and he falls within the category prescribed in para
15(v) of the order passed by the Co-ordiante Bench of this Court in PIL
and the order passed by the Principal Seat in
W.P.N0.9320/2021,therefore, he is entitled to temporary suspension of
sentence.
In view of above and also the fact that 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.5- Arvind for a period of 90 days.
Accordingly, without expressing any opinion on merits, I.A.
No.17246/2021 is allowed and it is directed that appellant No.5-
Arvind 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.5-Arvind.
It is further directed that appellant No.5-Arvind 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
03Cr.A.619/2016
State Govt during release, travel and residence of appellant No.5- Arvind
during period of suspension of sentence as a consequence of this order.
The intimation regarding surrender by appellant No.5-Arvind 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) (Rajeev Kumar Shrivastava)
Judge Judge
vv
SMT VALSALA
VASUDEVAN
2021.06.14
15:26:46
+05'30'
