Lalji Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 2279 MP

                                                        01Cr.A.5559/2017

             HIGH COURT OF MADHYA PRADESH

                          Cr.A. No. 5559/2017

                  (Lalji Singh & Ors.vs. State of M.P. )

Gwalior, Dated: 11.06.2021
      Shri Atul Gupta, 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 16.11.2017

passed in S.T.No.291/2009 by First Additional Session Judge, Bhind,

District Bhind whereby appellants have been convicted as and

sentenced as under:-

Section             Imprisonment      Fine               In Dedfault
302 of IPC          Life              Rs.10,000/-        One year RI
                    Imprisonment
307/34 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. 13268/2021, application for interim suspension of

sentence and grant of bail moved on behalf of appellant No.1-Lalji.

It is submitted by learned counsel for the appellant that appellant

that the appellant No.5-1-Lalji is aged around 64-65 years, 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.

Learned counsel for the State opposed the appeal and prayed for 02Cr.A.5559/2017

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 No1-Lalji for a period of 90 days.

Accordingly, without expressing any opinion on merits, I.A.

No.13268/2021 is allowed and it is directed that appellant No.1-

Lalji 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-Lalji.

It is further directed that appellant No.1-Lalji 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-Lalji

during period of suspension of sentence as a consequence of this order.

The intimation regarding surrender by appellant No.1-Lalji be 03Cr.A.5559/2017

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


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      2021.06.14
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