Madhya Pradesh High Court
Pramod Yadav vs The State Of Madhya Pradesh on 1 September, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 902 of 2016
(PRAMOD YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 01-09-2023
Shri Samar Ghuraiya- Advocate for the appellants.
Shri A.K. Nirankari - Public Prosecutor for the respondent/State.
Shri M.L.Yadav- Advocate for the complainant.
I.A.13465 of 2023 is seventh repeat application preferred on behalf of
appellant No. 1-Pramod Yadav for suspension of his remaining jail sentence and
alternatively for temporary suspension of sentence on medical ground.
B y the impugned judgment of conviction and order of sentence dated
26.08.2016 passed by the Additional Sessions Judge and Special Judge
(Dacoity), Lahar, Bhind (M.P.) in Special Sessions Trial No.73 of 2015, present
appellant has been convicted for offence under Section 302 of IPC and
sentenced to LI with fine of Rs. 2,00,000/-, under Section 148 of IPC and
sentenced to two years' RI with fine of Rs.5,000/- and under Section 25-1(1-B)
(a) of the Arms Act and sentenced to one year's RI with fine of Rs.5,000/- with
default stipulations.
Upon perusal of the medical documentation annexed with the aforesaid
I.A. and the medical/health status report dated 31/08/2023 issued from the
office of Superintendent, Central Jail, Gwalior (M.P.), due to suffering from
Gangrene his right leg below the knee has been amputated and diagnosed to be
a cancer colon suspect. Despite treatment having been given to him at Central
Jail, JAH and AIIMS, Delhi, the condition of the present appellant appears to
have not been improved. Earlier also, the present appellant was extended the
benefit of temporary suspension of sentence for nine months vide order dated
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 9/1/2023
8:23:02 PM
29.07.2022 for taking proper treatment and the appellant has been given a date
(27.09.2023) for appearance by the Gastroenterology Department of AIIMS,
New Delhi for further examination.
In the fitness of things, we are of the view that the sentence awarded to
the present appellant may be suspended for 6 months fo r the purposes of
taking proper treatment to overcome the disease which he is suffering from.
Considering this fact, we allow the application (I.A.13465 of 2023) and direct
that execution of jail sentence awarded to appellant No. 1-Pramod Yadav shall
remain suspended temporarily for a period of six months subject to his
furnishing a bail bond in the sum of Rs.2,00,000/- (Rs.Two Lacs) with one
solvent surety in the like amount to the satisfaction of the trial Court.
It is further directed that the present appellant shall surrender to the
custody immediately on expiry of period of temporary suspension of sentence
and shall submit papers relating to his treatment during the period of interim
bail.
Certified copy as per rules.
(ROHIT ARYA) (SANJEEV S KALGAONKAR)
JUDGE JUDGE
pd
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 9/1/2023
8:23:02 PM
