Shivcharan vs The State Of Madhya Pradesh
2022 Latest Caselaw 6463 MP

                                      1
                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                              CRA No. 1216 of 2020
                 (SHIVCHARAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 29-04-2022
       Shri H.R. Naidu, learned counsel for the appellants.

       Shri B.D. Singh, learned Government Advocate for the respondent/State.

I.A. No.6639/2022, second repeat application u/S.389(1) of Cr.P.C. for suspension of sentence moved on behalf of appellant No.1- Shivcharan, is taken up and considered along with reply of the State.

This criminal appeal assails the judgment dated 21.01.2020 passed in S.T.

No.426/2015 by the Second Additional Sessions Judge, Khurai, District Sagar (M.P.), whereby appellant No.1 has been convicted u/Ss.325/34 of IPC and sentenced to undergo two years' R.I. with fine of Rs.1000/- and Sec.307/34 of IPC and sentenced to undergo five years' R.I. with fine of Rs.2000/- with default stipulations.

Learned counsel for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for suspension of sentence is made out.

Learned counsel for appellants submits that appellant No.1 had earlier been

granted temporary suspension for a period of 90 days due to Covid-19 pandemic. Appellant No.1 is said to have surrendered after expiry of 90 days.

Appellant No.1 has suffered more than two years of incarceration against five years' R.I. awarded by the trial Court and considering the fact that there is no hope of this appeal being decided in near future.

Accordingly, without entering into the merits of the matter, this Court is inclined to grant bail to appellant No.1 by way of suspension of sentence. Hence,I.A. No.6639/2022 is allowed.

It is directed that jail sentence of appellant No.1- Shivcharan will remain under suspension subject to deposit of fine amount, if not already deposited, and on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of concerned available Magistrate for his appearance before the available Magistrate Khurai, District Sagar

on 22.06.2022 and on such further dates as may be fixed in this regard which shall be of frequency not less than once a year.

In case, appellant No.1 is found absent on any date fixed by the concerned available Magistrate, then concerned available Magistrate shall be free to issue and

execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

Learned concerned available 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. as well as the State Govt. during release, travel and residence of the appellant during period of suspension of sentence as a consequence of this order.

A copy of this order be sent to the trial Court concerned for compliance. C.c. as per rules.

(SHEEL NAGU) JUDGE

Sateesh Digitally signed by SATEESH KUMAR SEN Date: 2022.04.29 18:09:20 +05'30'