Mangilal vs The State Of Madhya Pradesh Thr.
2021 Latest Caselaw 5027 MP

                                          1


              THE HIGH COURT OF MADHYA PRADESH
                           CRA-1157-2015
                  (Mangilal and Ors Vs. State of M.P.)

Gwalior, dt. : 03/9/2021

      Shri Rishikesh Bohare, learned counsel for the appellant.

      Shri Naval Gupta, learned Public Prosecutor for the respondent/State.

This criminal appeal assails the judgment dated 3/11/2015 passed in

S.T.No.257/2012 by Additional Sessions Judge, Chanchoda, District Guna

whereby appellant- Mangilal has been convicted as under:

    Section                Imprisonment              Fine
    302/149 of IPC         Life Imprisonment         Rs.    2000/-   with

                                                     default stipulation
    148 of IPC             01 Year R.I.              Rs.1000/-       with

                                                     default stipulation
    307/149 of IPC         07 years R.I              Rs.2000/-       with

                                                     default stipulation
    323/149                --                        Rs.1000/-       with

                                                     default stipulation

I.A.No. 2669/2021, fourth repeat application u/S. 389(1) Cr.P.C. for

grant of suspension of sentence filed on behalf of appellant- Mangilal is taken

up and considered. Pertinently, appellant does not press this application on

merits and confines his prayer for temporary suspension of sentence (90 days)

solely on compassionate ground of old age.

It is submitted by learned counsel for the appellant that appellant-

Mangilal is more than 60 years old and therefore, looking to the present

situation of Covid-19 pandemic, benefit of suspension of sentence be granted

to him.

The appellant as per the verification report filed by the State, appears to

be more than 60 years of age.

Since appellant- Mangilal is said to be aged more than 60 years and

therefore, falls within the criteria laid down in para-15(I)(II) of the order

passed by the Coordinate Bench of this Court at Principal Seat, Jabalpur in

W.P. No.9320/2021 (PIL) [In Reference (Suo Motu) Vs. The State of M.P.

& Ors.] entitling him the benefit of suspension of sentence.

In view of above and the order passed by Apex Court in Suo Motu in

WP No.01/2020 passed on 07/05/2021 and looking to the second waive of

Covid-19 pandemic and to avoid congestion in jails which are hotbed for

spread of Covid-19 infection and also that there is no likelihood of early

disposal of appeal in near future, this court, without entering into merits of the

case, is inclined to grant interim suspension of sentence to appellant- Mangilal

for a period of 90 days.

Accordingly, without expressing any opinion on merits, I.A.No.

2669/2021 is allowed and it is directed that appellant No.1 Mangilal be

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

release, subject to his furnishing bail bond of Rs.50,000/- (Rupees Fifty

Thousand Only) with one solvent surety of the like amount to the satisfaction

of concerned Magistrate provided that amount of fine has been deposited by

the appellant.

It is further directed that appellant No. 1 Mangilal shall surrender before

the concerned Magistrate immediately after expiry of 90 days.

The learned concerned CJM/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 appellant No. 1 Mangilal during period

of suspension of sentence as a consequence of this order.

The intimation regarding surrender by appellant No. 1 Mangilal be

furnished to this Court by the concerned Magistrate.

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

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

C.c as per rules.

      (Sheel Nagu)                                                          (G.S. Ahluwalia)
         Judge                                                                  Judge
ar


     ABDUR   Digitally signed by ABDUR RAHMAN
             DN: c=IN, o=HIGH COURT OF
             MADHYA PRADESH BENCH



     RAHM
             GWALIOR, ou=HIGH COURT OF
             MADHYA PRADESH BENCH
             GWALIOR, postalCode=474001,
             st=Madhya Pradesh,
             2.5.4.20=d604b5a66b413c436e6af99




     AN
             c6fe547304e1bc26d2b510cc133f1b5
             6faa63e77b, cn=ABDUR RAHMAN
             Date: 2021.09.04 10:37:37 -07'00'