Omprakash vs The State Of Madhya Pradesh
2021 Latest Caselaw 2529 MP

                                             1             CRA-8897-2019

             THE HIGH COURT OF MADHYA PRADESH

                             CRA-8897-2019
                     (Om Prakash Vs. The State of M.P.)

Gwalior, dated: 18.06.2021

          Shri Nirmal Sharma, learned counsel for appellant.

          Shri Kuldeep Singh, learned PP for respondent/State.

Heard through video conferencing.

Heard on I.A.No.293/2021, 3rd repeat application u/S. 389 (1)

Cr.P.C. for suspension of sentence and grant of bail.

This criminal appeal assails the judgment dated 30.08.2019

passed in S.T. No. 1500220/2016 by II Additional Sessions Judge, Bhind

whereby the appellant-Omprakash has been convicted as under. :-

Section Imprisonment Fine Imprisonment (RI)

in lieu of fine 467 of IPC 10 years' RI Rs.5000/- 06 months' RI 468 of IPC 03 years' RI Rs.5000/- 6 Months

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 bail is made out.

Learned counsel for the appellant press for suspension of

sentence on the ground that the appellant is retired Patwari aged more than

60 years and is suffering from tongue cancer and under treatment. For this

purpose, he placed reliance to order dated 10.05.2021 passed by the co-

ordinate bench of this Court in W.P. No. 9320/202, wherein inter alia 2 CRA-8897-2019

following category of convicts are liable to be extended benefit of

temporary suspension of sentence:

15. Having heard the learned Amicus Curiae and the

learned Additional Advocate General, this Court, in view

of extraordinary situation prevailing in the State, deems it

appropriate to direct the respondents to place before the

High Powered Committee the following suggestions given

by, both the Director General of Prisons and the learned

Amicus Curiae:

I. For convicted prisoners:

The jail authorities should consider granting

emergent parole, of at-least 90 days, on usual conditions to

the following categories of prisoners:

i. All male prisoners, who are more than 60

years of age;

ii. All female prisoners, who are more than 45

years of age;

iii. All female prisoners, regardless of their age,

who are lodged in jail alongwith with their minor

children;

iv. All female prisoners who are carrying

pregnancy of whatever duration;

                v.          All prisoners on the basis of medical
                                              3             CRA-8897-2019

certification found to be suffering from cancer, serious

heart ailments such as having: (i) undergone bypass

surgery, (ii) valve replacement surgery, (iii) HIV, (iv)

Cancer, (v) Chronic Kidney Dysfunction (UTPs.

requiring Dialysis), '(vi) Hepatitis B or C, (vii)

Asthma, (viii) Tuberculoses; and (ix) disablement of

body to the extent of 40% or more;

Considering the above and the second wave of Covid-19

pandemic and that there is no likelihood of early disposal of appeal in near

future and the order of the division Bench of this Court at principal seat in

W.P. No.9320/2021, without entering into merits of the matter,

I.A.293/2021 is allowed and it is directed that appellant-Omprakash be

released on interim bail for a period of 90 (Ninety) days from the date

of release, on his furnishing bail bond of Rs.1,00,000/- (Rupees One Lac

Only) with two solvent sureties of Rs.50,000/- each to the satisfaction of

concerned available Magistrate subject to verification that amount of fine

has been deposited by the appellant.

It is further directed that the appellant shall surrender himself

before the concerned available 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 4 CRA-8897-2019

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.

The intimation regarding surrender by the appellant be furnished

to this Court by the concerned Magistrate.

List the case 10 days before expiry of 90 days (ninety days.).

C.c as per rules.

(Anand Pathak) Judge

neetu SMT NEETU SHASHANK 2021.06.21 11:46:51 +05'30'