Bhagwan Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 2285 MP

                                          1


              THE HIGH COURT OF MADHYA PRADESH
                          CRA-7528-2018
                  (Bhagwan Singh Vs. State of M.P.)

Gwalior, dt. : 11/6/2021

      Shri Arun Kumar Pateriya, learned counsel for the appellant.

      Shri Avneesh 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 31/07/2018 passed in

S.T.No.60/2015 by Additional Sessions Judge, Karera, District Shivpuri

whereby sole appellant- Bhagwan Singh has been convicted as under:

    Section                Imprisonment               Fine
    302/149 of IPC         Life Imprisonment          Rs.    5000/-   with

                                                      default stipulation
    148 of IPC             01 Year R.I.               Rs.1000/-       with

                                                      default stipulation

I.A.No. 11910/2021, fourth repeat application u/S. 389(1) Cr.P.C. for

grant of interim suspension of sentence (90 days) moved on behalf of sole

appellant- Bhagwan Singh is taken up and considered.

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 suspension of sentence is made out.

The report from the jail authorities dated 27/05/2021 reveals that sole

appellant- Bhagwan Singh had surrendered on 22/03/2021 after availing the

benefit of interim suspension of sentence for the period of 90 days granted by

this Court vide order dated 09/12/2020.

It is submitted by learned counsel for the appellant that sole appellant-

Bhagwan Singh is more than 70 years old and therefore, looking to the present

situation of Covid-19 pandemic, benefit of suspension of sentence be granted

to him.

Since the sole appellant- Bhagwan Singh is said to be aged more than 70

years and therefore, falls within the criteria laid down in para-15(I)(II) of the

order passed by the Coordinate Bench of this Court at Principal Seat, Jabalpur

in W.P. No.9320/2021 (PIL) [In Reference (Suo Motu) Vs. The State of

M.P. & Ors.] entitling him the benefit of suspension of sentence.

In view of above and the order passed by Apex Court in Suo Motu in

WP No.01/2020 passed on 07/05/2021 and looking to the second waive of

Covid-19 pandemic and to avoid congestion in jails which are hotbed for

spread of Covid-19 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 sole appellant-

Bhagwan Singh for a period of 90 days.

Accordingly, without expressing any opinion on merits, I.A.No.

11910/2021 is allowed and it is directed that sole appellant- Bhagwan 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

sole appellant- Bhagwan Singh

It is further directed that sole appellant- Bhagwan 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 sole appellant- Bhagwan Singh during

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

The intimation regarding surrender by sole appellant- Bhagwan 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)                  (Rajeev Kumar Shrivastava)
                                                      Judge                                Judge

 (suneel)

         Digitally signed by SUNEEL DUBEY



SUNEEL
         DN: c=IN, o=HIGH COURT OF
         MADHYA PRADESH BENCH
         GWALIOR, ou=HIGH COURT OF
         MADHYA PRADESH BENCH
         GWALIOR, postalCode=474011,


DUBEY
         st=Madhya Pradesh,
         2.5.4.20=157244b0239a6fd662b29b
         00a11fc66a5e160f585aa7a92425f38
         0d476b32818, cn=SUNEEL DUBEY
         Date: 2021.06.15 11:31:44 -07'00'