Lalaram @ Lallu @ Lalua Jatav vs The State Of Madhya Pradesh
2021 Latest Caselaw 2540 MP

                                      1                      CRA-1706-2019



            THE HIGH COURT OF MADHYA PRADESH
                         CRA-1706-2019
         (Lalram @ Lallu @ Lalua Jatav Vs. The State of M.P.)

Gwalior, dt. : 18/06/2021

      Shri Ashok Jain, learned counsel for the appellant.

      Shri R.S. Kushwah, learned Public Prosecutor for respondent/State.

Heard through Video Conferencing.

This criminal appeal assails the judgment dated 12/11/2018 passed in

S.T.No.700041/2008 by Special Judge (MPDVPK Act), District Gwalior

(M.P.) whereby sole appellant- Lalram @ Lallu @ Lalua Jatav has been

convicted as under:

    Section             Imprisonment                Fine
    120-B read with Life Imprisonment               Rs. 10,000/- with
    Section 364-A of                                default stipulation
    IPC
    368 of IPC          Life Imprisonment           Rs.10,000/- with
                                                    default stipulation

I.A.8147/2021, seventh repeat application u/S. 389(1) Cr.P.C. for

grant of interim suspension of sentence (90 days) moved on behalf of sole

appellant- Lalram @ Lallu @ Lalua Jatav 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 interim suspension of

sentence is made out.

It is submitted by learned counsel for the appellant that sole

appellant- Lalram @ Lallu @ Lalua Jatav is more than 70 years old which 2 CRA-1706-2019

fact is not disputed since the appellant had been released earlier on

temporary suspension of sentence vide order dated 09/09/2020 for a period

of 90 days and therefore, looking to the present situation of Covid-19

pandemic, benefit of suspension of sentence be granted to him.

Since sole appellant- Lalram @ Lallu @ Lalua Jatav is said to be aged

more than 70 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 hotbeds 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- Lalram @ Lallu @ Lalua Jatav for a period of 90 days.

Accordingly, without expressing any opinion on merits,

I.A.No.8147/2021 is allowed and it is directed that sole appellant- Lalram

@ Lallu @ Lalua Jatav 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

the like amount to the satisfaction of concerned available Magistrate 3 CRA-1706-2019

provided that amount of fine has been deposited by sole appellant- Lalram

@ Lallu @ Lalua Jatav.

It is further directed that sole appellant- Lalram @ Lallu @ Lalua

Jatav 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- Lalram

@ Lallu @ Lalua Jatav during period of suspension of sentence as a

consequence of this order.

The intimation regarding surrender by sole appellant- Lalram @ Lallu

@ Lalua Jatav 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) (Rajeev Kumar Shrivastava) Judge Judge

pd PAWAN Digitally signed by PAWAN DHARKAR DN: c=IN, o=HIGH COURT OF MADHYA

DHARK PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=345b3604d572ed9dd1492fe82dc3 b1eef67eff2cb59f3ac97e920ac264de7828,

AR cn=PAWAN DHARKAR Date: 2021.06.18 19:23:30 +05'30'