Dippu @ Suryaprasan Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 7935 MP

                                                                       1                               CRA-5117-2021
                                            The High Court Of Madhya Pradesh
                                                     CRA No. 5117 of 2021
                                                (DIPPU @ SURYAPRASAN SINGH Vs THE STATE OF MADHYA PRADESH)

                                    4
                                    Jabalpur, Dated : 29-11-2021
                                          Shri Harsharan Verma, counsel for the appellant.
                                          Shri Manoj Kumar Jha, Panel Lawyer, for the respondent/State.

Heard on I.A. No.15691/2021, which is first application for suspension of sentence and grant of bail to appellant.

This appeal has been preferred against the judgment dated 14.8.2021

passed by the Special Judge (Dacoity Act) Satna, District Satna (M.P.) in SST No.17/2015; whereby the appellant has been convicted under section 307/34 of IPC and sections 25(1-B)A, 27 of Arms Act and sentenced to suffer RI for 7 years, 3 years and 3 years and fine of Rs.1000/-, Rs.500/- and Rs.500/- respectively, with default stipulations.

Learned counsel for the appellant submits that out of 7 years, appellant has already suffered about 6 years and 6 months' sentence and looking to the period of custody already undergone, the remaining sentence of the appellant deserves to be suspended. It is further submitted that in view of outbreak of

COVID 19, detention of the appellant in already congested prison may be detrimental. An early hearing of this appeal is not possible.

Taking into consideration the period of sentence already undergone in the light of judgment of the Apex Court in the case of Kamal Vs. State of Haryana ((2006)1 SCC (Cri) 757), the I.A. is allowed.

It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand only) with a local surety of the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 21/03/2022 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to him shall Signature Not Verified SAN remain suspended till further orders and he shall be released on bail.

Digitally signed by TRUPTI GUNJAL Date: 2021.11.30 12:11:04 IST 2 CRA-5117-2021 The appellant shall also 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. The appellant shall also install

Aarogya Setu App (if not already installed) in his mobile phone.

Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E-copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.

Certified copy/e-copy as per rules/directions.

(S. A. DHARMADHIKARI) JUDGE

TG /-

Signature Not Verified SAN

Digitally signed by TRUPTI GUNJAL Date: 2021.11.30 12:11:04 IST