Ramvijay vs The State Of Madhya Pradesh
2021 Latest Caselaw 2685 MP

                                          1


              THE HIGH COURT OF MADHYA PRADESH
                           CRA-9445-2018
                  (Ramvijay Vs. State of M.P.)

Gwalior, dt. : 24/6/2021

      Shri R.K.Shrivastava, learned counsel for the appellant.

      Shri Manish Nayak, learned Panel Lawyer for the respondent/State.

Learned counsel for rival parties are heard through Video Conferencing.

At the very outset, learned counsel for the appellant prays for

withdrawal of I.A.No.14459/2021, 2nd repeat application under Section 389(1)

of Cr.P.C. moved on behalf of the appellant, which accordingly stands

dismissed as withdrawn.

I.A.No.16625/2021, third application u/S. 389(1) Cr.P.C. for grant of

interim suspension of sentence (90 days) moved on behalf of appellant-

Ramvijay on the ground of ailment of mother and there being nobody in the

house to look after her, is taken up and considered

This criminal appeal assails the judgment dated 30/10/2018 passed in

S.T.No.29/2016 by Sixth Additional Sessions Judge, Guna, whereby appellant

Ramvijay has been convicted as under:

    Section                Imprisonment               Fine
    302/149 of IPC         Life Imprisonment          Rs. 20,000/- with

                                                      default stipulation
    307/149 of IPC         07 Year R.I.               Rs.10,000/-      with

                                                      default stipulation

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.

Since the verification report filed by the State finds the said facts to be

true that mother of the appellant is 85 years old and ailing and has only one son

(brother of the appellant) who too is mentally unwell, this court, without

entering into merits of the case, is inclined to grant interim suspension of

sentence to appellant - Ramvijay for a period of 90 days.

Accordingly, without expressing any opinion on merits, I.A.No.

16625/2021 is allowed and it is directed that appellant- Ramvijay be released

on interim bail for a period of 90 (Ninety) days from the date of his release ,

subject to his furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand

Only) with one solvent surety of the like amount to the satisfaction of

concerned Magistrate provided that amount of fine has been deposited by

appellant Ramvijay.

It is further directed that appellant Ramvijay 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 appellant- Ramvijay during period of

suspension of sentence as a consequence of this order.

The intimation regarding surrender by appellant Ramvijay 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)                               (Anand Pathak)
               Judge                                       Judge

ms/-




       MADHU
       SOODAN
       PRASAD
       2021.06.25
       17:45:16 -07'00'