Madhya Pradesh High Court
Shivcharan vs The State Of Madhya Pradesh on 11 June, 2021
Author: Sheel Nagu
1 CRA-1216-2020
THE HIGH COURT OF MADHYA PRADESH
CRA-1216-2020
(Shivcharan & Others versus State of Madhya Pradesh)
Jabalpur, Dated : 11.6.2021
Shri Rajeev Gupta, learned counsel for appellant No.2 Ramprasad.
Shri Darshan Soni, Government Advocate for respondent/State.
Learned counsel for the rival parties are heard through Video
Conferencing.
I.A.10210/2021, second application filed under Section 389(1) of
the Cr.P.C for suspension of sentence and grant of bail moved on behalf
of appellant No.2 Ramprasad S/o Malle @ Mallah is taken up and
considered. His first application (I.A.No.8433/2020) after arguing for
some time was dismissed as withdrawn vide order dated 11.11.2020.
This criminal appeal assails the judgment dated 21.01.2020 passed
in ST.No.426/2015 by Second Additional Sessions Judge, Khurai,
District Sagar (M.P.) whereby appellant No.2 has been convicted under
Sections 325/34 and 307/34 of the IPC and has been sentenced to
undergo simple imprisonment for a period of 2 years and 5 years and a
fine in the sum of Rs.1,000/- and Rs.2,000/- respectively with default
stipulation.
Learned counsel for the appellant No.2 submits that the appellant
No.2 has suffered more than about 1 year and 3-1/2 months incarceration.
Learned counsel for the State opposed the application and prayed
for its rejection.
The decision of the Apex Court in the case of Kamal Vs. State of
Haryana reported in 2006(1) SCC(Cri) 757 has been pressed into
service which lays down that in matters where fixed period of sentence
is awarded appellant can be released on bail after undergoing substantial
period of sentence. The ratio of the said judgment has been reiterated in
Salim Javed Vs. State of Rajasthan 2006 (9) SCC 602.
Considering short term period sentence and looking to second wave
of Covid-19 pandemic and to avoid congestion in jails which are hotbed
for spread of infection and that there is no likelihood of early disposal of
appeal in near future, without entering into merits of the matter,
I.A.10210/2021 is allowed and it is directed that appellant No.2
Ramprasad S/o Malle @ Mallah be released on interim bail for a period
of 90 (Ninety) days from the date of release, on 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 subject to
verification that amount of fine has been deposited by appellant. It is
further directed that appellant No.2 shall surrender himself before the
concerned 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.2 during
period of suspension of sentence as a consequence of this order. The
intimation regarding surrender of the appellant No.2 be furnished to this
Court by the concerned Magistrate.
List the case 10 days before expiry of 90 days i.e.week commencing
2 CRA-1216-2020
31.8.2021.
Certified copy as per rules.
(SHEEL NAGU)
JUDGE
amit
Digitally signed by
AMIT JAIN
Date: 2021.06.15
14:20:59 +05'30'
