Madhya Pradesh High Court
Garibe @ Naresh vs The State Of Madhya Pradesh on 24 March, 2021
Author: Sheel Nagu
1
The High Court of Madhya Pradesh
Cr.A.No.660/2014
Garibe alias Naresh & Ors. Vs. State of M.P.
Gwalior dated 24.03.2021
Shri Sushil Goswami, learned counsel for the appellants.
Shri C.P. Singh, learned Panel Lawyer for respondent/State.
Per Justice Pathak J:
At the outset, learned counsel for the appellants seeks
withdrawal of I.A.No.13387/2020, an application for suspension of
sentence on behalf of appellant No.3 -Deepu alias Ajay.
Prayer accepted.
Application (I.A.No.13387/2020) is dismissed as withdrawn.
IA.No.6872/2021 ninth application u/Sec. 389(1) Cr.P.C. for
suspension of sentence and grant of bail moved on behalf of appellant
No.2 - Ranvir alias Rinku is taken up and considered.
This criminal appeal assails the judgment dated 20-05-2014
passed in S.S.T.No.122/2010 by the Special Judge (Atrocities), Bhind
(M.P.) whereby appellant has been convicted and sentenced as under
with default stipulation :-
Sections (IPC) Imprisonment Fine
302 (two counts) Life Imprisonment Rs.5,000/- with
default stipulation
It is submitted by learned counsel for appellant No.2 -Ranvir
alias Rinku that he intends to press for interim suspension of sentence
on the ground of medical condition of his wife because according to
him, she is on her family way and expected date of delivery is 19-04-
2021 and looking to the medical condition of his wife, he intends to
The High Court of Madhya Pradesh
Cr.A.No.660/2014
stand by and her side at the time of delivery. In his family, his father
who happens to be an old man would not be of much help and
therefore, being only male member, he is required for the job. He
undertakes not to misuse the liberty and would mark his presence
regularly as per direction of this Court. He seeks interim suspension
of sentence for 45 days. Even otherwise he already suffered 9 years
of incarceration. Thus, prayed for grant of interim suspension of
sentence.
Learned counsel for the State opposed the prayer but he fairly
conceded that the factum of pregnancy of his wife is not disputed.
Considering the above submissions and reason assigned in the
application, this Court intends to allow this application for 45 days but
with stringent condition.
Accordingly, without expressing any opinion on merits,
IA.No.6872/2021 is allowed and it is directed that the jail sentence of
appellant No.2 will remain under suspension for 45 days, on
appellant No.2 -Ranvir alias Rinku furnishing bail bond of
Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties
(Rs.50,000 each) to the satisfaction of concerned Trial Court.
The learned concerned Trial Court 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
The High Court of Madhya Pradesh
Cr.A.No.660/2014
the appellant during period of suspension of sentence as a
consequence of this order.
Appellant No.2 -Ranvir alias Rinku shall surrender on or
before 12-05-2021 before the trial Court and trial Court shall submit
report in this regard.
Appellant No.2 -Ranvir alias Rinku shall mark his presence
on all Sundays before the concerned Police Station between 10:30 am
to 2:30 pm and he shall not move in the vicinity of complainant party
and shall not be source of embarrassment and harassment to the
complainant party in any manner.
A copy of this order be sent to the Trial Court for information
and necessary compliance.
List this case in week commencing 3rd May, 2021.
C.c. as per rules.
(Sheel Nagu) (Anand Pathak)
Judge Judge
Anil*
ANIL Digitally signed by ANIL KUMAR
CHAURASIYA
DN: c=IN, o=HIGH COURT OF
KUMAR
MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF
MADHYA PRADESH BENCH
GWALIOR, postalCode=474001,
CHAURA st=Madhya Pradesh,
2.5.4.20=8512f40a1a9eaa50b680
2d068b51dae27e84c266b09d283
SIYA
f0799e67cdc7df50f, cn=ANIL
KUMAR CHAURASIYA
Date: 2021.03.26 08:19:57 -07'00'
