Madhya Pradesh High Court
Vishambhar Singh vs The State Of Madhya Pradesh on 11 June, 2021
Author: Sheel Nagu
01Cr.A.6196/2017
HIGH COURT OF MADHYA PRADESH
Cr.A. No. 6196/2017
(Vishambhar Singh Bhadoria vs. State of M.P. )
Gwalior, Dated: 11.06.2021
Shri Anil Mishra, learned counsel for the appellants.
Shri Avnish Singh, learned Public Prosecutor for the
respondent/State.
Learned counsel for rival parties are heard through Video
Conferencing.
This criminal appeal assails the judgment dated 30.11.2017
passed in S.T.No.223/2005 by First Additional Session Judge, Bhind,
District Bhind whereby appellant has been convicted as and sentenced
as under:-
Section Imprisonment Fine In Dedfault
302 of IPC Life Rs.10,000/- One year RI
Imprisonment
307/149 of IPC 07 years RI Rs.10,000/- six months RI
148 of IPC 3 years RI Rs.3,000/- 3 months RI
I.A.No. 14086/2021, application for interim suspension of
sentence and grant of bail moved on behalf of appellant Vishambar
Singh Bhadoria.
It is submitted by learned counsel for the appellant that the
appellant Vishambhar Singh is aged around 50 years and is a cancer
patient, which fact is not disputed by the State counsel, therefore,
looking to the present situation of Covid-19 pandemic, benefit of
suspension of sentence be granted to him.
02Cr.A.6196/2017
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.
In view of the fact that 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 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 Vishambar Singh Bhadoria for a period of 90 days.
Accordingly, without expressing any opinion on merits, I.A.
No.14086/2021 is allowed and it is directed that appellant
Vishambar 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.
It is further directed that appellant 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 during period of suspension of sentence as a consequence of
03Cr.A.6196/2017
this order.
The intimation regarding surrender by appellant 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
15:27:45
+05'30'
