Madhya Pradesh High Court
Chhote Lal @ Chhodiya vs The State Of Madhya Pradesh on 9 March, 2022
Author: Sheel Nagu
1
The High Court Of Madhya Pradesh
CRA No. 1544 of 2014
(CHHOTE LAL @ CHHODIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 09-03-2022
Shri Sanjay Pandey, learned counsel for the appellant.
Shri Suyash Thakur, learned Government Advocate for the
respondent/State.
IA. No.16612/2021, fifth repeat application u/S.389 Cr.P.C. for suspension
of sentence on behalf of appellant No.8- Rinku @ Hemraj, has been filed on
compassionate ground of wife of appellant No.8 being at advanced stage of
pregnancy.
This criminal appeal assails the judgment dated 30.05.2014 passed in S.T.
No.245/2011 by 3rd Additional Sessions Judge, Raisen(M.P.), whereby appellant
has been convicted u/S. 148, 323/149(four count) and 302 of IPC and sentenced
to undergo RI for one year, RI for 6 years and life imprisonment with fine of
Rs.100/-, respectively with default stipulation.
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.
The report dated 05.03.2022 produced by State counsel reveals that about a
week back, wife of appellant No.8 has delivered a premature baby and is present
residing with her father.
Looking to the fact that delivery is premature, postnatal care would be
required and therefore this Court is inclined to temporarily release appellant by way
of suspension of sentence for a period of one month. Hence, IA. No.16612/2021
to the extent appellant No.8- Rinku @ Hemraj is allowed.
It is directed that jail sentence of appellant No.8- Rinku @ Hemraj will
remain under suspension for a period of one month subject to deposit of fine
amount, if not already deposited, and on furnishing bail bond of Rs.50,000/-
(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the
Signature Not Verified
SAN satisfaction of concerned available Magistrate with a condition that he shall submit
Digitally signed by YOGESH KUMAR
SHIRVASTAVA
Date: 2022.03.10 16:15:54 IST
documents regarding postnatal treatment of his wife and surrender on
11.04.2022.
In case, appellant is not surrender on 11.04.2022, 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.
List the matter in the week commencing 04.04.2022.
As regard appellant No.4 Lacchu @ Laxman, same IA has been filed for
suspension of sentence seeking release him on the same compassionate ground of
wife of appellant No.4 being at advanced stage of pregnancy.
The report produced by State counsel dated 21.02.2022 reveals that child
was born to wife of appellant No.4 on 25.10.2021.
The State is directed to file report whether there is any other major member
in the family to look after the wife or not.
List in the next week.
C.c. as per rules.
(SHEEL NAGU) (MANINDER S BHATTI)
JUDGE JUDGE
YS
Signature Not Verified
SAN
Digitally signed by YOGESH KUMAR
SHIRVASTAVA
Date: 2022.03.10 16:15:54 IST
