Madhya Pradesh High Court
Lalaram @ Lallu @ Lalua Jatav vs The State Of Madhya Pradesh on 14 January, 2022
Author: Gurpal Singh Ahluwalia
The High Court Of Madhya Pradesh 1
CRA No. 1706 of 2019 [Lalram alias Lallu alias Lalua Jatav vs. State of MP]
Gwalior, dtd. 14/01/2022
Shri Ashok Jain, learned counsel for the appellant.
Shri APS Tomar, learned Counsel for respondent/State.
Heard learned counsel for the parties through Video Conferencing.
Heard on IA No.865/2022, which is eighth application under Section
389(1) of CrPC filed on behalf of sole appellant- Lalram alias Lallu alias
Lalua Jatav for suspension of jail sentence and grant of bail.
Vide judgment dated dated 12/11/2018 passed in S.T.700041/2008 by
Special Judge (MPDVPK Act), District Gwalior (M.P.) appellant- Lalram @
Lallu @ Lalua Jatav has been convicted under Section 120-B r/w Section
364-A and Section 368 IPC and sentenced to undergo life imprisonment with
fine of Rs.10,000/- and Rs.10,000/- respectively, with default stipulation.
It is submitted by learned counsel for the appellant that the appellant
is aged about 79 years of age and disposal of present appeal will take some
time. It is further submitted that earlier, vide order dated 18/06/2021, the
appellant was released on bail for a period of 90 days looking to pandemic
situation. Appellant 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 the measures in
respect of COVID-19 pandemic and maintain hygiene in the vicinity while
keeping physical distancing.
Learned State Counsel opposed the application and prayed for its
rejection and submitted that on the basis of the allegations and the materials
CRA No. 1706 of 2019 [Lalram alias Lallu alias Lalua Jatav vs. State of MP]
available on record, no case for grant of interim suspension of sentence is
made out.
It is submitted by learned counsel for the appellant that appellant-
Lalram @ Lallu @ Lalua Jatav is more than 70 years old, which fact is not
disputed since appellant had been released earlier on temporary suspension
of sentence vide order dated 18/06/2021 for a period of 90 days and,
therefore, looking to the present Covid-19 pandemic situation, the benefit of
suspension of sentence be granted to him. Since appellant- Lalram @ Lallu
@ Lalua Jatav is said to be aged more than 79 years and, therefore, falls
within the criteria laid down in para-15(I)(II) of the order passed by
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 wave of
Covid-19 pandemic and to avoid congestion in jails which are hotbeds 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 sole appellant-
Lalram @ Lallu @ Lalua Jatav for a period of 90 days. Accordingly, without
expressing any opinion on merits, I.A. is allowed and it is directed that sole
appellant Lalram @ Lallu @ Lalua Jatav be released on interim bail for a
period of 90 (Ninety) days from the date of release, subject to his furnishing
CRA No. 1706 of 2019 [Lalram alias Lallu alias Lalua Jatav vs. State of MP]
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 provided that amount of fine has been deposited by sole
appellant Lalram @ Lallu @ Lalua Jatav. It is further directed that appellant-
Lalram @ Lallu @ Lalua Jatav shall surrender before concerned Magistrate
immediately after expiry of 90 days. The learned concerned CJM/Magistrate
and 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
sole appellant- Lalram @ Lallu @ Lalua Jatav during period of suspension of
sentence as a consequence of this order.
The intimation regarding surrender by appellant- Lalram @ Lallu @
Lalua Jatav be furnished to this Court by the concerned Magistrate.
A copy of this order be sent to the Court concerned for information.
C.c as per rules.
(G. S. Ahluwalia) (Rajeev Kumar Shrivastava)
Judge Judge
MKB
Digitally signed by MAHENDRA
BARIK
Date: 2022.01.14 19:52:55 +05'30'
