Madhya Pradesh High Court
Panjab Singh vs The State Of Madhya Pradesh on 14 June, 2021
Author: Sheel Nagu
1
THE HIGH COURT OF MADHYA PRADESH
CRA-1212-2018
(Panjab Singh Vs. State of M.P.)
Gwalior, dt. : 14/6/2021
Shri V.D.Sharma, learned counsel for the appellant.
Shri Rajesh Shukla, learned Deputy Advocate General for the
respondent/State.
Learned counsel for rival parties are heard through Video Conferencing.
This criminal appeal assails the judgment dated 11/01/2018 passed in
Spl.S.T.No.200014/2015 by Special Judge, Sabalgarh, District Morena,
whereby sole appellant- Panjab Singh has been convicted as under:
Section Imprisonment Fine
364-A of IPC Life Imprisonment Rs. 2000/- with
default stipulation
11/13 of the Life Imprisonment Rs. 2000/- with
MPDVPK Act default stipulation
Though I.A.No. 7525/2020, first application u/S. 389 Cr.P.C., has been
moved for grant of suspension of sentence, but learned counsel for the
appellant confined his arguments to the extent of grant of interim suspension of
sentence (90 days). Same is taken up and considered.
Learned counsel for the State opposed the application 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.
It is submitted by learned counsel for the appellant that sole appellant-
Panjab Singh is more than 60 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- Panjab Singh is said to be aged more than 60
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 wave 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-
Panjab Singh for a period of 90 days.
Accordingly, without expressing any opinion on merits, I.A.No.
7525/2020 so far as interim suspension of sentence is concerned is allowed
and it is directed that sole appellant- Panjab 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 two
solvent sureties of Rs.25,000/- each to the satisfaction of concerned
Magistrate provided that amount of fine has been deposited by sole appellant-
Panjab Singh
It is further directed that sole appellant- Panjab 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- Panjab Singh during
period of suspension of sentence as a consequence of this order.
Since a large number of offences are registered constituting criminal
antecedents, let appellant mark his appearance at the concerned police Station
once a week from the date of his release during the period of interim
suspension of sentence.
The intimation regarding surrender by sole appellant- Panjab 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) (Anand Pathak)
Judge Judge
ms/-
MADHU
SOODAN
PRASAD
2021.06.16
12:35:58 -07'00'
