Rupesh @ Dani Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 5577 MP

                                                                        1                               CRA-9046-2019
                                              The High Court Of Madhya Pradesh
                                                         CRA-9046-2019
                                                    (RUPESH @ DANI SHARMA Vs THE STATE OF MADHYA PRADESH)

                                       5
                                       Jabalpur, Dated : 17-09-2021
                                             Heard through Video Conferencing.
                                             Shri Mahendra Pateriya, learned counsel for the appellant.
                                             Shri Anuj Singh, learned P.L. for the respondent/State.

Verification report has been received.

Heard on I.A. No.10343/2021, which is second application for

suspension of sentence and grant of temporary bail to the appellant- Rupesh @ Dani Sharma.

The appeal has been preferred under Section 374(2) of the Cr.P.C.,1973 b y the appellant/accused against judgment dated 26.09.2019 passed by learned 1st Additional Sessions Judge, Shahdol, District-Shahdol (MP) in Special Case No. 400117/211, by which the appellant has been convicted for offence under Section 302/34 of IPC and has been sentenced to undergo R.I. for life imprisonment with fine of

Rs.1000/- and Section 449/34 of IPC and has been sentenced to undergo R.I. for 10 years with fine of Rs. 200/-, Section 427/34 of IPC and has been sentenced to undergo R.I. for 1 year with fine of Rs. 100/- and Section 323/34 of IPC and has been sentenced to undergo R.I. for 1 years. Default stipulations have also been imposed by the trial Court.

Learned counsel for the appellant submits that mother of appellant namely Yashoda Sharma is facing great ailments, having infection in her lungs, she is unable to take oxygen and her treatment is continuously going on in several hospital. He further submits that appellant is having apprehension of death of his mother due to ailments. Therefore, in such circumstances, it is prayed that jail sentence of appellant may be Signature Not Verified SAN temporarily suspended and he may be released on temporary bail for the Digitally signed by LALIT SINGH RANA Date: 2021.09.17 17:18:39 IST 2 CRA-9046-2019 period of two months.

Learned P.L. for the respondent/State opposes the said application. Considering the argument of both the parties and perused the medical papers of the appellant's mother filed along with the application, but without expressing any opinion on the merits of the case,

we are inclined to release the appellant on temporary bail for medical treatment of appellant's mother. Consequently, I.A. No.10343/2021 is allowed.

It is directed that on depositing the fine amount, if not already deposited and on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with two solvent sureties of the amount of Rs.50,000/- each to the satisfaction of the trial Court, the remaining part o f the substantive jail sentence imposed upon the appellant-Rupesh @ Dani Sharma shall remain temporarily suspended for a period of 15 days and he shall be released on bail on temporary basis for a period of 15 days.

The appellant is directed to surrender before the trial Court within 1 5 days from the date of his release and thereafter the trial Court will sent him to jail for serving the remaining part of the jail sentence.

In case, appellant fails to surrender before the trial Court within the prescribed period, the trial Court will be free to adopt coercive action against the appellant for securing his presence.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the appellant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-

1. The Jail Authority shall ensure the medical examination of the Signature Not Verified SAN appellant by the jail doctor before his release.

Digitally signed by LALIT SINGH RANA Date: 2021.09.17 17:18:39 IST 3 CRA-9046-2019 2 . The appellant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the appellant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

List the matter after 15 days.

C.C. as per rules.

                                          (RAJENDRA KUMAR SRIVASTAVA)            (RAJENDRA KUMAR (VERMA))
                                                     JUDGE                                    JUDGE


                                       L.R.




Signature Not Verified
  SAN




Digitally signed by LALIT SINGH RANA
Date: 2021.09.17 17:18:39 IST