Madhya Pradesh High Court
Deepak vs State Of M.P. on 2 December, 2022
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 825 of 2012
(DEEPAK AND OTHERS Vs STATE OF M.P.)
Dated : 02-12-2022
Shri P.S.Bhadauriya, learned counsel for the appellants.
Shri Rajesh Shukla, learned Dy. Advocate General for respondent/State.
Heard o n IA.18732/2022, sixth application for grant of temporary
suspension of sentence under Section 389 (1) of Cr.P.C moved on behalf of
appellant No.1 - Deepak Mewati to attend 13th day ritual of his father who
has expired on 29.11.2022.
Appellant No.1 has been convicted under section 148 of IPC and
sentenced to suffer one year's R.I. with fine of Rs.200/-, under Section 302 in
alternative Section 302/149 of IPC and sentenced to suffer life imprisonment
with fine of Rs.3000/-, under Section 25 (1-B)(a) of Arms Act and sentenced to
suffer 02 years R.I. with fine of Rs.500/- and under Section 27(1) of Arms Act
and sentenced to suffer 05 years R.I. with default stipulation vide judgment
dated 12th September 2012 passed in Sessions Trial No.379/2011 by Third
Additional Judge to First Additional Sessions Judge, Gwalior.
Learned counsel for appellants submits that father of the appellant No.1
h a s passed away on 29.11.2022 and he has to attend post death rituals,
therefore, his jail sentence may be temporarily suspended on the terms and
conditions this Court deems fit and proper.
The said fact regarding death of father of appellant No. 1 has been
verified by the State counsel.
Taking into consideration the facts and circumstances of the case but
without expressing any opinion on the merits, appellant No.1-Deepak Mewati is
granted temporary suspension of sentence to attend 13th day rituals of his
father.
I t is directed that the jail sentence of appellant No.1 - Deepak Mewati
shall remain suspended temporarily w.e.f 05.12.2022 to 13.12.2022.
Accordingly, he be released on bail on his furnishing a personal bond in the
sum of Rs.1,00,000/-(Rupees One Lac only) with one solvent surety in the
like amount to the satisfaction of the trial Court.
Appellant No.1 - Deepak Mewati is directed to surrender before the trial
Court on 14.12.2022 under intimation to the Registry of this Court through his
counsel. Appellant shall observe the following further conditions:
(i) Appellant No.1 - Deepak Mewati will abide by the terms and
conditions of various circulars and orders issued by the Government of India
and the State Government as well as the local administration from time to time
in the matter of maintaining social distancing, physical distancing, hygiene, etc.,
to avoid proliferation of Novel Corona virus (COVID-19);
( ii) the concerned jail authorities are directed that before releasing
appellant, the medical examination of appellant be conducted through the jail
doctor and if it is prima facie found that he is having any symptoms of
COVID-19, then the consequential follow up action or any further test required
be undertaken immediately. If not, appellant shall be released on bail in terms of
the conditions imposed in this order.
Learned Dy. Additional Advocate General shall inform to all the
concerned including the concerned jail authorities for information and necessary
action.
IA.18732/2022 stands allowed and closed.
Registry is directed to send an e-copy of this order to the Court
concerned for necessary compliance.
List this case in the week commencing 19th December, 2022 to
verify the factum of surrender by appellant.
E- certified copy as per rules.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
SP
SANJEEV
KUMAR PHANSE
2022.12.03
10:55:34 +05'30'
