Madhya Pradesh High Court
Deva @ Sirdar Banjara vs The State Of Madhya Pradesh on 12 May, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 6138 of 2017
(DEVA @ SIRDAR BANJARA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 12-05-2023
Shri Suresh Agrawal, learned counsel for the appellants.
Shri Rajesh Shukla, learned Additional Advocate General for the
respondent/State.
Heard on IA. No.14929 of 2022, which is second application under
Section 389 (1) of Cr.P.C. seeking suspension of sentence and grant of bail
moved on behalf of appellant No.2. First application was dismissed as
withdrawn vide order dated 30.08.2022.
Appellant No.2 stood convicted under Section 364A of IPC read with
Section 11/13 of M.P.DVPK Act and sentenced to undergo imprisonment for
life with a fine of Rs.5,000/- with default stipulations vide judgment of
conviction and order of sentence dated 24.11.2017 passed by Special Judge
Madhya Pradesh Dakaiti Evam Vyapaharan Prabhavit Kshetra Adhiniyam,
Sabalgarh, District Morena, Madhya Pradesh in Special Sessions Trial
No.34/2013.
Prosecution case as unfolded during trial is that on 14.10.2010, he
alongwith other accused persons abducted for ransom Ramsumer Mahore,
Principal and Rinku alias Pradeep Sharma, Jeetu alias Jitendra Kushwah,
Avdhesh Sharma, Guest Faculties and Ashok Kushwah, brother of the
complainant from Middle School situated at village Naya Gaon. Accordingly,
the crime was registered and after due investigation, charge sheet was filed
before Sessions Court at Sheopur. Learned Special Court upon critical
evaluation of the evidence available on record and recording of statements,
convicted and sentenced the present appellant along with other co-accused
persons, as referred above.
Shri Suresh Agrawal, learned counsel for appellant No.2 before making
submissions on merit, at the out set, states that the appellant No.2 is in custody
since 2010 and he is 80 years of age. He is the oldest person in the Central Jail
Gwalior. Since he is in the evening of his life with failing health condition, this
Court on humanitarian ground may release him extending the benefit of
suspension of sentence.
S hri Shukla, learned Additional Advocate General appearing for the
respondent/State on the strength of verification report forwarded by the Central
Jail Gwalior, states that in the instant case i.e. Sessions Trial No. 34/2013 the
present appellant has so far undergone jail sentence of 8 years 03 months and
23 days. Present appellant in fact has been awarded life imprisonment in three
cases including the present appeal i.e. - (i) In sessions Trial No. 2/2011 present
appellant has completed his sentence of life imprisonment, (ii) In sessions Trial
No.7/2016 present appellant has has so far undergone jail sentence of 7 years
and 11 months and 25 days. It is only after completion of period of life
imprisonment period in the present case, the appellant shall be further required
to undergo life imprisonment in succession.
U p o n consideration of the facts and circumstances of the case
particularly long period of jail incarceration since 2010 in the aforesaid facts and
humanitarian ground, we consider it appropriate to extend the benefit of
suspension of sentence and grant of bail to the present appellant, who is 80
years of age.
Accordingly, it is directed that the jail sentence of appellant No.2 shall
remain suspended during pendency of present appeal and she shall be released
on bail on her 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.2 is directed to appear before the Registry of this
Court first on 12th July 2023 and on other subsequent dates as may be fixed
in this behalf with following further conditions:-
(i) Appellant No.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 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 No.2, hismedical examination be conducted through the jail
doctor and if it is prima facie found that she is having any symptom of
COVID-19 then the consequential follow up action including the
isolation/quarantine or any further test required be undertaken immediately;
(iii) On violation of the conditions, State is free to apply for
cancellation of bail.
Accordingly, the I.A. stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of disposal of
the instant application for suspension of sentence and shall have no bearing on
the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
SP
SANJEEV KUMAR
PHANSE
2023.05.13
13:46:09 +05'30'
