Neelam Singh Yadav vs State Of M.P.
2021 Latest Caselaw 7478 MP

         HIGH COURT OF MADHYA PRADESH,
                 BENCH AT GWALIOR
                     Cr.A. No.31/2013
      (Neelam Singh Yadav Vs. State of Madhya Pradesh)
                                    (1)

Gwalior, dated : 16/11/2021
      Shri A.S.Rathore, Advocate for the appellant.
      Shri    B.P.S.Chauhan,    Public     Prosecutor         for    the
respondent/State.

Heard on I.A. No.29679/2021, which is repeat application for

suspension and sentence and grant of bail to the appellant.

This criminal appeal assails the judgment dated 31.12.2012

passed in S.T. No.22/12 by II Additional Sessions Judge, Shivpuri

whereby the appellant has been convicted and sentenced as under:-

Conviction under section Imprisonment Fine 363 of the IPC R.I. for 4 years Rs.2000/- in default to suffer additional R.I. for 6 months

Learned counsel for the appellant submits that this Court vide

order dated 21/1/2013 had suspended the custodial sentence of the

appellant. Thereafter, the appellant regularly appeared before the

Registry of this Court till 5/2/2016, but failed to mark presence

subsequently having gone to Rudrapur (Uttarakhand) after marriage

for work and was further contained by COVID-19 outbreak. It is

submitted that he was forced to leave his Village as he had

solemnized love marriage against the wishes of parents of his wife. It

is further submitted that as soon as he came to know about issuance

of non-bailable warrant against him in August,2021 through his

family members, he himself surrendered at Police Station Badarwas,

District Shivpuri on 8/9/2021. The appellant undertakes to abide by

the terms and conditions as may be imposed by this Court. With the

aforesaid submissions, prayer for suspension of custodial sentence is HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.31/2013 (Neelam Singh Yadav Vs. State of Madhya Pradesh)

made.

The prayer is opposed by learned Public Prosecutor.

An early hearing of this case is not possible. Taking into

consideration the overall facts and circumstances of the case, but

without expressing any opinion on the merits thereof, the I.A. is

allowed.

It is, therefore, directed that if appellant namely Neelam

Singh Yadav deposits the entire fine amount, if not already

deposited, and furnishes a personal bond in the sum of Rs.50,000/-

(Rupees fifty thousand) with a solvent surety in the like amount to

the satisfaction of trial Court for his appearance before the Registry

of this Court on 16th February, 2022 and on such subsequent dates

to be fixed by the Registry in this regard with frequency of three

months, sentence of imprisonment awarded to him shall remain

suspended till further orders and he shall be released on bail. The

appellant shall furnish a written undertaking that he will abide by the

terms and conditions of various circulars, as well as, orders issued by

the Central Government, State Government and local administration

from time to time such as maintaining social distancing, physical

distancing, hygiene etc. to avoid proliferation of Corona virus.

Certified copy as per rules.

(S.A.Dharamdhikari) Judge

(and) ANAND SHRIVASTAV A 2021.11.16 17:18:02 +05'30'