Madhya Pradesh High Court
Santosh @ Banti vs State Of M.P. on 17 June, 2021
Author: Sheel Nagu
1
The High Court of Madhya Pradesh
Bench at Gwalior
Cra -530-2011
(Santosh @ Banti Vs. State of M.P.)
Gwalior, dated :17/06/2021
Shri S.S. Gautam, Advocate for the appellant appointed through
Legal Aid Authority.
Shri Rajesh Shukla, learned Dy. Advocate General for respondent
State.
Learned counsel for the rival parties are heard.
I.A.No.17560/2021, an application for urgent hearing, is taken up,
considered and allowed.
I.A.17561/2021, second repeat application for suspension of
sentence moved on behalf of sole appellant- Santosh @ Banti u/Sec.389
Cr.P.C. is taken up and considered alongwith reply of State.
This criminal appeal assails the judgment dated 03.02.2011 passed in
Sessions Trial No.176/2010 by First Additional Sessions Judge, Dabra,
District Gwalior (M.P.), whereby appellant Santosh @ Banti has been
convicted as under :-
Sections Imprisonment Fine
302 of IPC L.I. Rs.100/- with default
stipulation.
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.
Prosecution story found to be proved is that appellant is said to have
entered into an argument with her aunt. Abusive words were uttered by the
appellant on which the aunt objected which enraged the appellant who
caused single blow on the head with an axe the said injuries turned out to
be fatal. Though there are other abrasions on the body as pointed out by
learned counsel for State but they all minor in nature which may have been
caused due to falling down on the ground. Another extenuating
circumstance is that the appellant has suffered more than 10 years of
incarceration as against life imprisonment awarded.
In view of above and looking to second wave of Covid-19 pandemic
which has paralyzed even tempo of life and also jails are potential hotpots
for spread of Covid-19 pandemic and that there is no likelihood of early
disposal of the appeal in near future, this Court is inclined to grant bail to
appellant- Santosh @ Banti by way of suspension of sentence.
Accordingly, without expressing any opinion on merits,
I.A.17561/2021, is allowed and it is directed that the jail sentence of
appellant- Santosh @ Banti will remain under suspension subject to
verification that the amount of fine has been deposited, on the appellant's
furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with
two solvent sureties of the like amount to the satisfaction of concerned
available Magistrate for his appearance before the concerned available
Magistrate on 17/11/2021 and on such further dates as may be fixed by him
which shall be of frequency not less than once a year.
In case, appellant is found absent on any date fixed by the concerned
Magistrate then the said Magistrate shall be free to issue and execute
warrant of arrest for securing his presence without first referring the matter
to this Court, provided the Registry of this Court is kept informed.
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 the appellant during period of
suspension of sentence as a consequence of this order.
A copy of this order be sent to the Court concerned for information.
C.c. as per rules.
(Sheel Nagu) (Anand Pathak)
Judge Judge
vpn
SUNEEL DUBEY
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00'
2021.06.18 13:40:34 +05'30'
