Sojiram vs The State Of Mp.
2021 Latest Caselaw 1945 MP

                                         1


                    The High Court of Madhya Pradesh
                             Cra -4964-2020
                    (Sojiram & Anr. Vs. State of M.P.)


Gwalior, dated :10/05/2021

      Shri Shobhendra Kumar Tiwari, learned counsel for the appellants.

      Shri       Devendra     Choubey,       learned    Panel   Lawyer,    for

respondent/State.

Learned counsel for the rival parties are heard through Video

Conferencing.

I.A.13847/2021, first application u/Sec.389 Cr.P.C. for suspension of

sentence and grant of bail moved on behalf of appellant No.1- Sojiram S/o

Mannalal Banjara & appellant No.2-Madanlal Banjara S/o Biharilal

Banjara is taken up and considered.

This criminal appeal assails the judgment dated 07.09.2020 passed in

ST.No.204/2017 by Additional Sessions Judge, Chachoda, District Guna

(M.P.) whereby appellants No.1 & 2 have been convicted and sentenced as

under with default stipulation :-

Sections                  Imprisonment           Fine
120-B IPC                 7 Years R.I.           Rs.1,000/-     with   default
                                                 stipulation
420/34 IPC.               7 Years R.I.           Rs.1,000/-     with   default
                                                 stipulation
467 IPC                   7 Years R.I.           Rs.1,000/-     with   default
                                                 stipulation
468 IPC.                  7 Years R.I.           Rs.1,000/-     with   default
                                                 stipulation
471 IPC.                  7 Years R.I.           Rs.1,000/-     with   default
                                                 stipulation

Learned counsel for the State opposed the application for suspension

of sentence 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.

Learned counsel for the appellants contends that the sentence for the

offence of cheating and forgery is seven years R.I.. The appellant No.1

Sojiram S/o Mannalal Banjara & appellant No.2- Madanlal Banjara S/o

Biharilal Banjara have suffered seven to eight months of incarceration as

against seven years R.I. awarded.

In view of above, and looking to second wave of Covid-19 pandemic

and to avoid congestion in jails which are hotbed for spread of infection

and that there is no likelihood of early disposal of appeal in near future,

this Court, without entering into merits of the matter, I.A.13847/2021 is

allowed and it is directed that appellant No.1 Sojiram S/o Mannalal

Banjara & appellant No.2- Madanlal Banjara S/o Biharilal Banjara be

released on interim bail for a period of 90 (Ninety) days from the date of

release, on their furnishing bail bond of Rs.50,000/- (Rupees Fifty

Thousand Only) in case of each appellant with one solvent surety of the

like amount to the satisfaction of concerned Magistrate subject to

verification that amount of fine has been deposited by appellants. It is

further directed that appellants shall surrender themselves before the

concerned Magistrate immediately after expiry of 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 appellants during period of

suspension of sentence as a consequence of this order.

The intimation regarding surrender of the appellants be furnished to

this Court by the concerned Magistrate.

List the case 10 days before expiry of 90 days (ninety days.)

C.c as per rules.

(Sheel Nagu) V. Judge vpn

VIPIN Digitally signed by VIPIN KUMAR AGRAHARI DN: c=IN, o=High Court Of Madhay Pradesh Bench Gwalior, ou=all,

KUMAR 2.5.4.20=ba9f628dc9a78be87be1fa639319d6438314 53fb2787ea87394b7febf7a6def2, postalCode=474011, st=MADHYA PRADESH, serialNumber=64bf959b6ffdeef8e12c62166740b3c7 71ffbcb05102395b93dc7fb337059a94, cn=VIPIN

AGRAHARI KUMAR AGRAHARI Date: 2021.05.10 16:51:55 +05'30'