Dharamsingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 2015 MP

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                       The High Court of Madhya Pradesh
                              CRA No.9452/2018
                        (Dharam Singh Vs. State of M.P.)
Gwalior, dated : 24/05/2021

       Shri Arun Kumar Pateriya, learned counsel for the appellant.

       Shri   Rajesh     Shukla,   learned   Deputy     Advocate      General,   for

respondent/State.

Learned counsel for the rival parties are heard through Video

Conferencing.

This criminal appeal assails the judgment dated 11/10/2018 passed in ST

No.11/2016 by 16th Additional Sessions Judge, district Gwalior (M.P.), whereby

sole appellant Dharam Singh has been convicted as under : :-

Sections                    Imprisonment            Fine
302 of IPC                  Life Imprisonment.      Rs.5000/-each with default
                                                    stipulation.
201 of IPC                   03 years R.I.          Rs.5000/- each with default
                                                    stipulation

I.A.22630/2020, second repeat application for interim interim suspension

of sentence (90 days) filed on behalf of sole appellant Dharam Singh u/Sec.

389(1) Cr.P.C. is taken up and considered along with reply of the State.

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.

Learned counsel for the appellant prays for grant of interim suspension (90

days) to sole appellant Dharam Singh on the ground of ill health of his 17 years

old daughter who is patient of Tuberculosis (TB) and other complications for

which she has to undergo operation and there is no one else in the family to look

after her.

Considering the aforesaid, this Court, without entering into merits of the

matter, is inclined to grant interim suspension of sentence to sole appellant-

Dharam Singh for a period of 90 days.

Accordingly, without expressing any opinion on merits of the matter,

I.A.22630/2020 is allowed and it is directed that the jail sentence of sole

appellant- Dharam Singh 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 available Magistrate provided that

sole appellant- Dharam Singh shall surrender himself to custody before the

concerned Available Magistrate exactly on the date of expiry of period of interim

suspension of sentence i.e. 90 days from the date of release.

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 sole appellant- Dharam Singh during period of

suspension of sentence as a consequence of this order.

It is further directed that after surrender, documents regarding

surgery/operation be filed.

A copy of this order be sent to the Court concerned for information.

The intimation regarding surrender of the appellant be furnished to this Court by the concerned Magistrate.

List the case one week before expiry of 90 days.

C.c as per rules.

                                             (Sheel Nagu)                           (Rajeev Kumar Shrivastava)
                                               V.Judge                                       V. Judge

  (suneel)

         Digitally signed by SUNEEL DUBEY
         DN: c=IN, o=HIGH COURT OF


SUNEEL
         MADHYA PRADESH BENCH
         GWALIOR, ou=HIGH COURT OF
         MADHYA PRADESH BENCH
         GWALIOR, postalCode=474011,



DUBEY
         st=Madhya Pradesh,
         2.5.4.20=157244b0239a6fd662b29
         b00a11fc66a5e160f585aa7a92425f
         380d476b32818, cn=SUNEEL
         DUBEY
         Date: 2021.05.27 12:09:34 -07'00'