Madhya Pradesh High Court
Manoj Singh @ Sonpal Singh vs The State Of Madhya Pradesh on 17 January, 2022
Author: Rohit Arya
1
The High Court Of Madhya Pradesh
CRA No. 256 of 2015
(MANOJ SINGH @ SONPAL SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 17-01-2022
Heard through Video Conferencing.
Shri Ashok Jain, learned counsel for appellants.
Shri Rajesh Shukla, learned Deputy Advocate General for
respondent/State.
Heard on I.A. No.33675/2021 & I.A. No.33553/2021, applications
on behalf of appellants No.1&2 namely Manoj Singh @ Sonpal Singh &
Smt. Nirmala seeking temporary suspension of sentence on the ground of
marriage of Ms. Aarti, the sister & daughter of appellant No.1 & appellant
No.2 respectively.
The factum of marriage has been verified from the concerned Police
Station by the State counsel and the marriage of Ms. Arti is scheduled on
23/01/2022.
The appellants No.1&2 namely Manoj Singh @ Sonpal Singh &
Smt. Nirmala have been convicted under Section 302/34 of IPC and
sentenced to suffer Life Imprisonment with fine of Rs.5000/- with default
stipulation, vide judgment dated 12/03/2015 passed by Additional Sessions
Judge, Ambah, District-Morena in Sessions Trial No.235/2012.
Considering the aforesaid facts and circumstances and submissions
advanced by learned counsel for the parties, without expressing any opinion
on merits of the case, regard being had to the fact that appellants No.1&2 are
undergoing sentence since 12/03/2015 and that being brother and mother,
appellants No.1 & 2 have to perform some rituals in the marriage of Ms. Aarti
which is scheduled on 23/01/2022, I.A. No.33675/2021 & I.A.
No.33553/2021 are allowed and it is directed that the execution of jail
sentence of appellant No.1& 2 namely Manoj Singh @ Sonpal Singh & Smt.
Nirmala shall remain temporarily suspended for a period of eight (8) days
from the date of their release and they shall be enlarged on temporary bail
subject to furnishing each of them a personal bond in the sum of of
Rs.1,00,000/- (Rs. One Lac Only) with one solvent surety in the like
amount to the satisfaction of CJM, Gwalior and also subject to deposit of the
fine amount (if not already deposited).
The appellants No.1&2-Manoj Singh @ Sonpal Singh & Smt.
Nirmala are directed to surrender before the CJM, Gwalior on or before
expiry of said period i.e. on 25/01/2022 (eight days from the date of their
release) under intimation to the Registry of this Court through their counsel.
The period of temporary bail be reckoned from the date of their release.
The following further conditions may also be observed by the
appellants No.1&2:
(i) appellants No.1&2 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-1);
(ii) the concerned jail authorities are directed that before releasing
appellants No.1&2, the medical examination of appellants
No.1&2 be conducted through the jail doctor and if it is prima-
facie found that they are having any symptom of Covid-19, then
the consequential follow up action or any further test required be
undertaken immediately.
Learned State counsel is directed to send e-copy of this order to all the
concerned including the concerned Station House Officer of the Police
Station for information and necessary action.
I.A. stands closed.
C.c. as per rules.
(ROHIT ARYA) (RAJEEV KUMAR SHRIVASTAVA)
JUDGE JUDGE
(Dubey)
SUNEE
Digitally signed by SUNEEL DUBEY
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH
COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474001,
L
st=Madhya Pradesh,
2.5.4.20=157244b0239a6fd662b29b00a
11fc66a5e160f585aa7a92425f380d476b
32818,
pseudonym=046B231C591E29491F36A
DUBEY
BD156EBF3A713937186,
serialNumber=4009CAE962958E019AD
DF04E87EFD5C07FA5D0C38532D550F6
1B55401A275B8C, cn=SUNEEL DUBEY
Date: 2022.01.17 18:15:45 -08'00'
