Tulsiram @ Tulsiya vs The State Of Madhya Pradesh
2021 Latest Caselaw 2541 MP

                                   1                                  CRA-1281-2021
        The High Court Of Madhya Pradesh
                   CRA-1281-2021
                (TULSIRAM @ TULSIYA Vs THE STATE OF MADHYA PRADESH)

2
Jabalpur, Dated : 18-06-2021
       Heard through Video Conferencing.
       Shri Rajesh Prasad Dubey, learned counsel for the appellant.
       Shri Prakash Gupta, learned Panel Lawyer for the respondent/State.

The counsel for the appellant submits that this appeal is barred by time, therefore, he has moved an application i.e. I.A. No.4269/2021 for condoning

the delay.

Considering the reasons assigned in I.A. No.4269/2021, the same is hereby allowed. The delay occurred in filing this appeal is hereby condoned.

Heard on the question of admission.

Considering the submissions made by the counsel for the appellant, it appears that the appeal involves arguable question, therefore, it is admitted for final hearing.

Also heard on I.A. No.3143/2021 an application for suspension of sentence and grant of bail to the appellant.

Vide the impugned judgment dated 02.03.2019 passed in Sessions Trial No.21/2018 by the First Additional Sessions Judge, Bina, District Sagar, the appellant has been convicted for the offence punishable under Section 304-II of the Indian Penal Code and sentenced thereunder to suffer R.I. for seven years with fine of Rs.1000/-, with default stipulation.

Learned counsel for the appellants submits that the appellant is in jail since 27.01.2018. He further submits that the present appellant has suffered more than three and half years of jail sentence and the appeal would take long time to be heard finally, therefore, considering the facts and circumstances and also the fact that nothing has been proved by the prosecution against the appellant but despite that the Court below has convicted him, the sentence awarded to the appellant be suspended and the appellant be released on bail.

2 CRA-1281-2021

Shri Gupta, learned Panel Lawyer appearing for the respondent/State on the other hand has opposed the prayer made by learned counsel for the appellant.

Considering the facts and circumstances of the case and also the fact that the appellant has already suffered more than three and half years of jail

sentence, without commenting anything on merits, I am inclined to consider and allow the application of suspension of sentence and grant of bail to the appellant. Accordingly I.A. No.3143/2021 is allowed.

It is directed that on appellant's depositing the entire fine amount, if not deposited, as also furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 20.12.2021 and on all such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to the appellant shall remain suspended and he shall be released on bail, if not required to be detained in any other case.

T h e jail authority is also directed to ensure that the appellant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the appellant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event the jail doctor is of the opinion that the appellant can be released, then he shall be released.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

ac/-

ANIL CHOUDHARY 2021.06.18 17:14:29 +05'30'