Mahaveer Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1739 MP

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                                                                                               CRA No.2684/2020

                High Court of Madhya Pradesh, Jabalpur
                            Bench at Indore
            Criminal Appeal No.2684/2020
Indore, Dated 03.05.2021
         Hearing through Video Conferencing.

         Mr. Abhishek Rathore, learned counsel for appellant No.1

Mahaveer Singh s/o Hari Singh Ji Sondhiya, appellant No.2 Dilip

Singh s/o Madan Singh @ Madanlal and appellant No.3 Kamal

Singh s/o Madan Singh @ Madan Singh @ Madanlal.

         Mr. Valmik Shakargayen, learned Panel Lawyer for the

respondent / State of Madhya Pradesh.

Heard on IA No.2449/2020, first application under Section

389 (1) of the Code of Criminal Procedure, 1973 for suspension of

jail sentence and grant of bail filed on behalf of the appellants.

The present appellants have been convicted and sentenced by

learned Special Judge (under SC ST Act) & Additional Sessions

Judge, Neemuch, District Neemuch (MP) in Special Sessions Trial

No.10/2019 vide judgment dated 12th February, 2020, as under: -

                   Conviction                                    Sentence
      Section                   Act          RI            Fine amount      Imprisonment in lieu of fine
   323/34 r/w        IPC              01 - 01 Month       Rs.500/-          01 - 01 month RI
   3 (2) (v) (a)     SC / ST Act                          Rs.500/-
   325 /34           IPC              6 months RI         Rs.1000/-         02 - 02 months RI
                                                          Rs.1000/-

Learned counsel for the appellants has submitted that on

account of short sentence awarded to the appellants, their suspension

was already suspended by the learned Judge of the trial Court till

CRA No.2684/2020

04.04.2020. Counsel has further submitted that although they have

filed their appeal on 13.03.2020, however, on account of the lock

down in last year due to COVID-19 Virus, the appeal could not be

taken up for hearing and thus, the appellants have remained outside

the jail and in the meantime, the record has also been requisitioned

from the trial Court and although the appellants wanted to surrender

before the trial Court, but due to non-availability of the record, the

trial Court also refused to accept the appellants' surrender.

Counsel has also drawn the attention of this Court to the last

order sheet dated 22.12.2020 wherein this Court has also directed

that the record of the case be sent back to the concerned Court, so

that the appellants could surrender before the trial Court and the trial

Court was directed to send back the record to the Registry of this

Court, after the appellants' surrender before the said Court.

Counsel has submitted that although the record has already

sent to the trial Court, however, again the lock down is in operation

on account of COVID-19, leaving the appellants with no other

remedy, but to request that their surrender before the trial Court be

dispensed with.

Counsel for the State on the other hand has opposed the

prayer.

Having considered the rival submissions and on perusal of the

documents filed on record, as also the order passed by this Court on

CRA No.2684/2020

the last date of hearing, it is apparent that the appellants were granted

suspension of sentence by the trial Court itself and their appeal was

also filed in time that is on 13.03.2020, but due to lock down on

account of COVID-19 the appeal could not be taken up for hearing

and the period granted by the trial Court has expired in the

meantime. In view of the same, to force the present appellants to

again surrender before the trial Court and then allow the present

application is not required and would be onerous to the appellants as

well as to this Court also due to long pendency of cases.

In view of the same, the appellants' surrender before the trial

Court is hereby dispensed with under these exceptional facts and

circumstances of this case and their application for suspension of

sentence IA No.2449/2020 stands allowed, looking to the short

sentence awarded to them and it is directed that upon depositing fine

amount, if any, and on furnishing a personal bond by each of the

appellant in the sum of Rs.25,000/- (Rupees twenty five thousand

only) with a solvent surety in the like amount to the satisfaction of

the learned trial Court, for their regular appearance before concerned

trial Court, the execution of the custodial part of the sentence

imposed against the appellants shall remain suspended, till the final

disposal of this appeal.

The appellants, after being enlarged on bail, shall mark their

presence before the concerned trial Court on 20.12.2021 and on all

CRA No.2684/2020

such subsequent dates, as may be fixed by the concerned Court in

this regard.

It is also observed that if the appellant (s) is found in any of

the criminal activities, after his release on bail / suspension of

sentence, then the present bail / suspension order shall stand

cancelled without further reference to this Court; and the State /

prosecution will be free to arrest the accused in the present case also.

Let the matter be listed on the question of admission.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.05.04 17:23:27 +05'30'