Madhya Pradesh High Court
Sughar Singh vs The State Of Madhya Pradesh Thr on 18 June, 2021
Author: Sushrut Arvind Dharmadhikari
1 CRA-1413-2018
The High Court Of Madhya Pradesh
CRA-1413-2018
(SUGHAR SINGH Vs THE STATE OF MADHYA PRADESH THR)
19
Gwalior, Dated : 18-06-2021
Heard through Video Conferencing.
Shri Arun Paterya, Advocate for the appellant.
Shri Naval Kumar Gupta, learned PP for the respondent/State.
In pursuance of the directions issued by the Apex Court and guidelines
issued by the High Court of Madhya Pradesh in the wake of COVID-19
outbreak, the matter was taken up through video conferencing while adhering
to the norms of social distancing prescribed by the Government.
I.A. No.23557/2020, an application for urgent hearing through video
conferencing, accordingly, stands allowed.
Heard on I.A.No.23558/2020, fourth application, under section 389(1)
of the Cr.P.C., moved on behalf of the appellant Sughar Singh on the ground
of ill health and marriage of his son which is to be solemnized on 20.6.2021.
His First application (I.A.No.20202/2018) was dismissed on merits
vide order dt.05.09.2018, second application (I.A.No.2778/2019) for
temporary suspension was dismissed vide order dt.16.04.2019 and his third
application ( I.A.11970 of 2020) for temporary suspension was allowed vide
order dated 19.8.2020 for 90 days.
This Criminal appeal assails the judgment dated 16.01.2018 passed by
the Fourth Additional Sessions Judge, Morena in S.T. No.75/2010, whereby
the appellant has been convicted under section 302/149 of the IPC and
sentenced to undergo life imprisonment with fine of Rs.10,000/- in default to
suffer simple imprisonment for six months, under Section 147 of IPC and
sentenced to undergo R.I. for six months with fine of Rs.500/- in default to
suffer simple imprisonment for one month and under Section 341 of IPC and
sentenced to deposit fine of Rs.500/- in default to suffer simple imprisonment
for one week.
2 CRA-1413-2018
Learned counsel for the appellant submits that appellant is a senior
citizen, aged about 72 years and is suffering from age related ailments.
Learned counsel further submits that son of appellant Sughar Singh is going
to be married on 20.6.2021. After release for ninety days earlier, the appellant
has surrendered and presently undergoing the jail sentence. It is prayed that
considering the aforesaid, benefit of suspension of custodial sentence for 90
days may be allowed.
On the other hand, learned Public Prosecutor appearing for the
respondent/State has opposed the prayer and submitted that the appellant has
undergone incarceration of three years, whereas the sentence awarded is life
imprisonment, therefore, in such circumstances, this application deserves to
be dismissed.
In the circumstances, this Court, without entering into the merits of the
case looking to the pandemic scenario as well as the judgment rendered by
the Hon'ble Supreme Court by order dated 23.3.2020 in the case of IN RE :
CONTAGION OF COVID 19 VIRUS IN PRISON in SUO MOTU W.P.
(C) No.1/2020 wherein, while considering the situation arising out of the
Covid 19 Pandemic scenario, it has directed all the States to constitute a High
Level Committee to consider the release of prisoners in order to decongest
the prisons if they are not required any further in custody and by Division
Bench of this Court Principal Seat at Jabalpur in W.P.No.9320 of 2021 on
17.5.2021 and considering the fact that as age of appellant is 72 years,
therefore, his case falls within the guidelines issued in the case, at present, is
inclined to grant benefit of interim suspension of sentence instead of regular
suspension to the appellant for a period of three months from today i.e.
(18.06.2021). Accordingly, it is directed that execution of jail sentence of the
appellant, namely; Sughar Singh shall remain suspended for a period of three
months only and he be released on interim bail w.e.f. 18.6.2021 subject to
furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand
only) with two solvent sureties each of the like amount to the satisfaction of
3 CRA-1413-2018
the CJM/Remand Magistrate at Gwalior. The appellant shall also furnish a
written undertaking that he will abide by the terms and conditions of various
circulars, as well as, orders issued by the Central Government, State
Government and local administration from time to time such as maintaining
social distancing, physical distancing, hygiene etc. to avoid proliferation of
Corona virus.
It is directed that the appellant shall surrender himself before the CJM
Gwalior on 18.9.2021 for serving out the remaining part of jail sentence
awarded to him under the impugned judgment. The affidavit relating to
surrender be filed by the appellant on 21.09.2021.
Consequently, I.A. No.23558/2020 stands disposed of.
List this case in the week commencing 27.9.2021 to verify the aspect of
surrender.
CC today.
(S. A. DHARMADHIKARI) (VISHAL MISHRA)
JUDGE JUDGE
Rks
RAM KUMAR SHARMA
2021.06.18 18:05:48 +05'30'
