Madhya Pradesh High Court
Mansingh Kushwah vs The State Of Madhya Pradesh on 15 September, 2021
Author: Rajeev Kumar Shrivastava
1 CRA-5043-2021
The High Court Of Madhya Pradesh
CRA-5043-2021
(MANSINGH KUSHWAH Vs THE STATE OF MADHYA PRADESH)
1
Gwalior, Dated : 15-09-2021
Shri Brajesh Kumar Tyagi, learned counsel for the appellant.
Shri Ramadhar Choubey, learned Public Prosecutor for the
respondent/State.
I.A. No. 25957/2021, an application for urgent hearing, is taken up,
considered and allowed for the reasons mentioned therein.
Appeal being arguable is admitted for final hearing.
Heard on I.A. No.28025/2021, first application under Section 389(1)
of Cr.P.C. moved on behalf of appellant - Mansingh Kushwah for
suspension of his jail sentence.
This criminal appeal has been filed against the judgment dated
11/08/2021 passed by Special Judge (Dacoity), Bhind (M.P.) in SC (DOCT)
No.13/2017, whereby appellant has been convicted and sentenced under
Section 25(1-b)(a) of Arms Act for 3 years RI with fine of Rs.2,000/- and
under Section 11/13 of MPDVPK Act for 5 years RI with fine of Rs.3,000/-
with default stipulations.
Learned counsel for the appellant has submitted that this is first
application under Section 389(1) of Cr.P.C for suspension of jail sentence of
the appellant. Appellant is in custody for around six months. It is further
submitted that no case is made out against the appellant under Section 11/13
of MPDVPK Act as there is no allegation of commission of any loot or
robbery. It is also submitted that fire arms have been recovered from the
possession of other co-accused Mohar Singh, who is sitting on the
motorcycle. The present appellant was the driver of vehicle and nothing has
been recovered from the possession of the appellant, therefore no case is
made out against the appellant under Section 25(1-b)(a) of Arms Act.
Learned counsel for the appellant further submits that the witnesses relating to
2 CRA-5043-2021
recovery have been turned hostile before the trial Court and remaining 3
witnesses are police authorities. Appellant is ready to abide by any condition
which may be imposed by this Court. Hence, learned counsel prays to
suspend the jail sentence of appellant. Appellant further undertakes to abide
by all the terms and conditions of guidance, circulars and directions issued by
Central Government, State Government as well as Local Administration
regarding measures in respect of COVID-19 Pandemic and maintain hygiene
in the vicinity while keeping physical distancing.
Learned State counsel has opposed the application and submitted that
no case for suspension of jail sentence of the appellant is made-out, therefore,
prays for rejection of this application filed for suspension of jail sentence of
the appellant.
Heard learned counsel for the parties and perused the material
documents available on record.
Considering the fact that the present appellant was the driver of the
vehicle and fire arms were recovered from the possession of other co-
accused Mohar Singh, without commenting on merits of the case,
I.A.No.28025/2021 is hereby allowed. Subject to depositing of fine amount,
if not already deposited, and on furnishing personal bond of Rs.75,000/-
(Rupees Seventy Five Thousand only) with a solvent surety of the like
amount to the satisfaction of the concerned trial Court, the remaining jail
sentence of the appellant shall remain suspended and he be released on bail.
The appellant is further directed to mark his appearance before the Office of
this Court on 06/12/2021 and on subsequent dates given by the Office in this
regard, till final disposal of this appeal.
In view of COVID-19 pandemic, the Jail Authorities are directed that
before releasing the appellant, his Corona Virus test shall be conducted and if
it is found negative, then the concerned local administration shall make
necessary arrangements for sending the said appellant to his house, and if the
test is found positive then the appellant shall be immediately sent to
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concerning hospital for his treatment as per medical norms. If the appellant is
fit for release and if he is in a position to make his personal arrangements,
then he shall be released. After release, the appellant is further directed to
strictly follow all the instructions which may be issued by the Central
Govt./State Govt. or Local Administration for combating the Covid- 19. If it
is found that the appellant has violated any of the instructions (whether
general or specific) issued by the Central Govt./State Govt. or Local
Administration, then this order shall automatically lose its effect, and the
Local Administration/Police Authorities shall immediately take her in custody
and would send his to the same jail from where he was released.
T he appellant is further directed to inform the SHO of concerned
police station about his residential address in the said area and it would be the
duty of the Public Prosecutor to send E-copy of this order to SHO of
concerned police station for information.
List the case for final hearing in due course.
E-copy of this order be sent to the concerned Court below for
compliance.
Certified copy/ e-copy as per rules/directions.
(RAJEEV KUMAR SHRIVASTAVA)
JUDGE
Shubhankar
Digitally signed by
SHUBHANKAR MISHRA
Date: 2021.09.15
17:49:23 +05'30'
