Kamalsingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1928 MP

                         1                           Cr.A.No.111-2020

  THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                               Cr.A.No.111-2020
                     (Kamal Singh and others vs. State of M.P.)

Indore, Dated: 08/05/2021

           Heard through video conferencing.

           Shri Yogesh Purohit, learned counsel for the appellant No.2

Banshilal and the appellant No.3 Dalibai @ Dalubai w/o Shri Banshilal

Tanwar.

          Shri Sudhanshu Vyas, learned counsel for the respondent/State.

Heard on I.A.No.8636/2021, which is the repeat application under

Section 389(1) of the Cr.P.C. for temporary suspension of jail sentence of

the appellant No.2 Banshilal and the appellant No.3 Dalibai @ Dalubai w/o

Shri Banshilal Tanwar.

Earlier application -I.A.No.8627/2020 of the appellant No.3 was

dismissed on merits by this Court vide order dated 9.11.2020.

The appellants have been convicted and sentenced by the Second

Additional Sessions, Rajgarh (Biaora) vide judgment dated 13/12/2019

passed in Special Case No.343/2014 as under :

 Conviction                  Sentence       Fine amount In lieu
 under Section
 304-A IPC                   7 yrs R.I.

Learned counsel for the appellants has submitted that both the

appellants are old aged and they are in jail since 13.12.2019. It is further

submitted that the appellants were on bail during the trial and they have

not misused the liberty so extended to them. It is further submitted that

only omnibus statements have been made against them.

On the other hand, learned counsel for the State/respondent has

opposed the prayer and prayed for rejection of the application.

On due consideration of the age of the appellants no.2 and 3 who

must be now 71 and 61 years old respectively, and taking note of the fact

that due to fresh spread of COVID-19 situation, it would be difficult for

them to take recourse to timely treatment in case of any emergency, it

would be appropriate to suspend their jail sentences, temporarily, for a

period of three months only.

Resultantly, it is directed that the appellants No. 2 and No.3 be

released temporarily for a period of three months from the date of their

release, subject to their furnishing a personal bond of Rs.25,000/- (Rupees

Twenty Five thousand only) each with one surety each in the like amount

to the satisfaction of the trial Court and an undertaking that they will

surrender immediately after the expiry of the aforesaid period of three

months.

Certified copy, as per rules.

(Subodh Abhyankar) Judge

moni Digitally signed by MONI RAJU Date: 2021.05.08 17:20:03 +05'30'