Madhya Pradesh High Court
Lallu Kondar vs The State Of Madhya Pradesh on 6 May, 2021
Author: Sheel Nagu
1
The High Court of Madhya Pradesh
Cra-199-2020
(Lallu Kondar Vs. State of M.P.)
Jabalpur, dated :06/05/2021
Shri S.D. Gupta, learned counsel for the appellant.
Shri Sanjay Malviya, learned Panel Lawyer, for respondent/State.
Learned counsel for the State is heard through Video conferencing.
I.A.1650/2021, third repeat application for suspension of sentence
moved on behalf of sole appellant Lallu Kondar u/Sec. 389(1) Cr.P.C. is taken
up and considered along with reply of the State.
This criminal appeal assails the judgment dated 24/12/2019 passed in
ST No.27/2014 by II Additional Sessions Judge, Bijabar, District Chattarpur,
(M.P.), whereby sole appellant- Lallu Kondar has been convicted as under :-
Under Sections Imprisonment Fine
420 of IPC 5 years' R.I. Rs.500/- with default
stipulation.
467 r/W 471 of IPC 5 years' R.I. Rs.500/- with default
stipulation.
468 of IPC 5 years' R.I. Rs.500/- with default
stipulation.
Learned counsel for the State opposed the appeal 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 bail is made out.
It is submitted that sole appellant- Lallu Kondar has suffered little more
than 2 years of incarceration as against 5 years' RI awarded for the offence of
cheating and forgery.
The decision of the Apex Court in the case of Kamal Vs. State of
Haryana reported in 2006(1) SCC(Cri) 757 has been pressed into service
which lays down that in matters where fixed period of sentence is awarded.
The ratio of the said judgment has been reiterated in Salim Javed Vs. State of
Rajasthan reported in 2006 (9) SCC 602. Hence, sole appellant- Lallu
Kondar can be released on bail after undergoing substantial period of sentence
Considering the substantial period of sentence suffered by sole
appellant- Lallu Kondar and further looking to the fact that there is no
likelihood of early disposal of the appeal in near future and considering the
changed scenario in view of the Covid-19 pandemic, this Court is inclined to
grant bail to sole appellant- Lallu Kondar by way of suspension of sentence.
Accordingly, without expressing any opinion on merits, I.A.1650/2021
is allowed and it is directed that the jail sentence of sole appellant- Lallu
Kondar will remain under suspension subject to verification that the amount
of fine has been deposited, on the appellant's furnishing bail bond of
Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the
like amount to the satisfaction of concerned CJM/available Magistrate for his
appearance before the concerned CJM/available Magistrate on 17/11/2021 and
on such further dates as may be fixed by him which shall be of frequency not
less than once a year.
In case, appellant is found absent on any date fixed by the concerned
CJM/Magistrate then the said CJM/Magistrate shall be free to issue and
execute warrant of arrest for securing his presence without first referring the
matter to this Court, provided the Registry of this Court is kept informed.
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 the appellant during period
of suspension of sentence as a consequence of this order.
A copy of this order be sent to the Court concerned for information.
C.c as per rules.
(Sheel Nagu)
Judge
(suneel)
Digitally signed by SUNEEL DUBEY
SUNEEL
DN: c=IN, o=HIGH COURT OF
MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF
MADHYA PRADESH BENCH
GWALIOR, postalCode=474011,
DUBEY
st=Madhya Pradesh,
2.5.4.20=157244b0239a6fd662b29b
00a11fc66a5e160f585aa7a92425f38
0d476b32818, cn=SUNEEL DUBEY
Date: 2021.05.07 16:33:22 -07'00'
