Harishankar @ Guddu Gupta ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 1853 MP

                                              1            CRA-2301-2021

            THE HIGH COURT OF MADHYA PRADESH
                         CRA-2301-2021
     (Harishankar @ Guddu Gupta (Baniya) Vs. The State of M.P.)

Jabalpur, dated: 06.05.2021

          Ms. Pooja Gupta, learned counsel for the appellant.

          Shri Devendra Gangrade, learned Panel Lawyer for the

respondent/State.

Heard through video conferencing.

This criminal appeal assails the judgment dated 16.03.2021 passed

in S.T. No.107/2020 by Sessions Judge Katni (M.P.) whereby appellant-

Harishankar @ Guddu Gupta (Baniya) has been convicted as under. :-

              Section        Imprisonment Fine
         326 of IPC         Seven years R.I. Rs.500/- with default
                                             stipulation

I.A.No.5447/2021, 1st application u/S. 389(1) Cr.P.C. for

suspension of sentence moved on behalf of appellant-Harishankar @ Guddu

Gupta (Baniya) is considered.

Appellant has suffered about one year and nine months of

incarceration as against seven years of senctence awarded. Appellant has

caused assault with a peice of wood resulted into fracture of right parietal

bone.

In view of above, for the time being no case for bail is made out.

Hence, IA 5447/2021 so far as on merits stands rejected.

However, looking to the second wave of Covid-19 pendamic and

to avoid congestion in jails which are hotspots for spread of infection, this

Court is inclined to grant inteirm suspension of sentence to the appellant-

Harishankar @ Guddu Gupta (Baniya) for a period of 90 days.

2 CRA-2301-2021

Accordingly, it is directed that the jail sentence of appellant-

Harishankar @ Guddu Gupta (Baniya) will remain suspended temporarily

for a period of 90 (ninety) days 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 available Magistrate for his

appearance before the concerned available Magistrate provided that

appellant-Harishankar @ Guddu Gupta (Baniya) shall surrender himself to

custody before the concerned Magistrate immediately after expiry of period

of interim suspension of sentence i.e. 90 days.

The learned concerned 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-Harishankar @ Guddu

Gupta (Baniya) during period of suspension of sentence as a consequence of

this order.

List this case one week before expiry of 90 days.

C.c as per rules.

(Sheel Nagu) Judge

ojha

YOGENDRA OJHA 2021.05.07 10:41:54 +05'30'