Rameshwar @ Ranu And Anr. vs The State Of Madhya Pradesh
2022 Latest Caselaw 3079 MP

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                                                                CRA. No. 2/2014


 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
  [DIVISION BENCH: HON'BLE MR. JUSTICE VIVEK RUSIA
AND HON'BLE MR. JUSTICE RAJENDRA KUMAR (VERMA)]
                              CRA. No. 2/2014
             (Rameshwar @ Ramu and another V/s. State of M.P.)

Date : 04.03.2022 :
      Shri Shiv Kumar Golwalkar, learned counsel for the appellant-
Rameshwar @ Ramu.
      Shri Sudhanshu Vyas, learned counsel for the respondent/State.

Heard on I.A. No.1586/2022, a repeat (2nd) application for suspension of custodial sentence filed on behalf of appellant - Rameshwar @ Ramu.

The appellant - Rameshwar @ Ramu stands convicted and sentenced as under :

Section/Act Imprisonment Fine Amount In default of payment of fine.

302 of the IPC        Life                 5,000/-         3 months' RI
                      Imprisonment
394/397 of the 7 years RI                  1,000/-         1 month RI
IPC

Learned counsel for the appellant submits that he is not seeking bail on merit but on the ground that the appellant has completed more than ten years' jail sentence and there is no likelihood of final hearing of this appeal in near future. He has placed reliance on order passed by this Court in CRA No.104/2015 in which the suspension has been granted as the appellant therein was in custody since last more than 11 years without remission by relying upon a judgment of the apex Court in the case of Supreme Court Legal Aid Committee Representing Undertrial Prisoners V/s. Union of India & others : (1994) 6 SCC 731. Hence, he prayed for grant of suspension of custodial sentence and to release him on bail.

On the other hand, learned Govt. Advocate opposes the prayer and prayed for rejection of the application.

Keeping in view the fact that the appellant is in custody for than 10 years and the observation made by this Court in CRA No.104/2015, we

CRA. No. 2/2014

deem it proper to suspend the remaining part of the jail sentence of the appellant - Rameshwar @ Ramu.

Accordingly, I.A. No.1586/2022 is hereby allowed and it is directed that on furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court subject to deposit of the fine amount, if already not deposited, the remaining part of the jail sentence of appellant - Rameshwar @ Ramu is suspended and he shall be released on bail with a further direction to appear before the Registry of this Court and mark his presence on 15.09.2022 and on all such future dates as may be given in this behalf. I.A. No.1597/2022 and 2149/2022, applications for early hearing also stand disposed of.

Before releasing the appellants from the custody, the Jail Authorities are directed to medically examine them in order to rule out the possibility of COVID-19 infection and shall comply with the direction given by the Apex Court in Writ Petition No.01/2020.

         [ VIVEK RUSIA ]                  [RAJENDRA KUMAR (VERMA)]
             JUDGE.                                JUDGE.
Alok/-

     Digitally signed by ALOK GARGAV
     Date: 2022.03.04 17:15:31 +05'30'