Deva Banjara vs The State Of Madhya Pradesh
2023 Latest Caselaw 7879 MP

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                IN THE HIGH COURT OF MADHYA PRADESH
                             AT GWALIOR
                                 CRA No. 6350 of 2017
                (DEVA 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.14940 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 First application was dismissed as withdrawn vide order dated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 and sentenced to undergo imprisonment for life with a fine of Rs.two lakh and under Section 11/13 of

MPDVPK Act and sentenced to undergo life imprisonment with a fine of Rs.2,000/- with default stipulations vide judgment of conviction and order of sentence dated 31.10.2017 passed by Special Judge Madhya Pradesh Dakaiti Evam Vyapaharan Prabhavit Kshetra Adhiniyam, Sabalgarh, District Morena, Madhya Pradesh in Special

Sessions Trial No.07/2016.

The prosecution story, in short, is that on 28.03.2010 a report was lodged by

complainant Dinesh to the effect that his younger brother Mukesh alongwith Rakesh

Jaga, both teachers at Primary School Jhirniya were missing as having gone to school yesterday at about 9.30 a.m. on a motorcycle bearing registration No. MP06/M-9044,

both had not returned. On such information, a missing person report was registered and the matter was investigated into. During investigation it surfaced that both the aforesaid persons had been abducted by the appellants and co-convicts for demand of

Rs. Five Lac in ransom. As such, offence under Sections 364A of IPC and 11/13 of MPVVK Act was registered at Police Station Pahargarh as Crime No.72/2010. After completion of investigation challan was filed. The Special Court upon critical 2 of 3

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.

Shri 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. 7/2016 the appellant has

so far undergone jail sentence of 7 years 11 months and 25 days. Appellant No.2 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.34/2013 present appellant has been convicted and sentenced life imprisonment and undergoing jail sentence. It is only after completion of period of life imprisonment period in the said case, the present

appellant shall be further required to undergo life imprisonment in succession.

Upon consideration of the facts and circumstances of the case particularly long

period of jail incarceration since 2010 and on 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 he shall be released on bail on his

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 3 of 3

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, his medical examination be conducted through the jail doctor

and if it is prima facie found that he 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 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
13:49:37 +05'30'