Harbhajan vs The State Of Madhya Pradesh
2021 Latest Caselaw 2686 MP

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              THE HIGH COURT OF MADHYA PRADESH
                           CRA-1852-2021
                  (Harbhajan & Ors.Vs. State of M.P.)

Gwalior, dt. : 24/6/2021

      Shri Rajmani Bansal, learned counsel for appellant No.1.

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

Learned counsel for rival parties are heard through Video Conferencing.

This criminal appeal assails the judgment dated 18/02/2021 passed in

S.T.No.4/2014 by Additional Sessions Judge, Chachoda, District Guna,

whereby appellant No.1- Harbhajan has been convicted as under:

    Section                Imprisonment               Fine
    302/149 of IPC         Life Imprisonment          Rs.    1000/-    with

                                                      default stipulation
    148 of IPC             01 Year R.I.               Rs.500/-         with

                                                      default stipulation

I.A.No. 17185/2021, first application u/S. 389(1) Cr.P.C. for grant of

interim suspension of sentence (90 days) moved on behalf of appellant No.1-

Harbhajan 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 suspension of sentence is made out.

The report of the State related to age of appellant No.1-Harbhajan

reveals that appellant No.1 is about 74 years old.

Since appellant No.1- Harbhajan is about 74 years old 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 hotbed 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 appellant No.1-

Harbhajan for a period of 90 days.

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

17185/2021 is allowed and it is directed that appellant No.1- Harbhajan 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 No.1- Harbhajan.

It is further directed that appellant No.1- Harbhajan 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- Harbhajan during period of

suspension of sentence as a consequence of this order.

The intimation regarding surrender by appellant No.1- Harbhajan 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
       17:44:59 -07'00'