Madhya Pradesh High Court
Santosh vs The State Of Madhya Pradesh on 7 May, 2024
Author: Sheel Nagu
Bench: Sheel Nagu
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6603 of 2019
(SANTOSH Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 07-05-2024
Shri Vikesh Pratap Singh - Advocate for appellant.
Shri Pramod Kumar Pandey - Government Advocate for respondent
No.1/State.
I.A. No.28141/2023, repeat (forth) application filed u/S.389(1) of Cr.P.C.
fo r suspension of sentence on behalf of appellant Santosh is taken up and
considered along with the objection filed by the State.
This criminal appeal assails the judgment dated 17/07/2019 passed in
S.T. No.200183/2016 by Special Judge, SC/ST (Prevention of Atrocities) Act,
Chhindwara, District Chhindwara (M.P.) whereby appellant has been convicted
under Section 307, 201 of IPC and Section 3(2)(v) of the SC/ST (Prevention of
Atrocities) Act and sentenced to undergo R.I. for ten years with fine of
Rs.1,000/-, R.I. for two years with fine of Rs.500/- and R.I. for life with fine of
Rs.1,000/- respectively with default stipulations.
Though, the earlier application for suspension of sentence under Section
389(1) of Cr.P.C. was rejected on merit on 07/07/2023, but the new ground
raised is that more than seven and half years has lapsed of custody period as
against the substantive sentence of 10 years inflicted on finding the appellant to
be guilty of offence punishable under Section 307 of IPC. Though, life sentence
has been awarded but that is under Section 3(2)(v) of SC/ST (Prevention of
Atrocities) Act which arises out of the conviction under Section 307 of IPC.
Thus, considering substantive conviction being under Section 307 of IPC and
the substantive sentence of ten years and the appellant having suffered more
than seven and half years and therefore, this Court without considering the
matter on merit is inclined to extend the benefit of suspension of sentence of
sentence especially when there is no hope of this appeal coming up for hearing
in near future, however with stringent condition. Hence, I.A. No.28141/2023 is
allowed.
It is directed that jail sentence of appellant - Santosh will remain under
suspension subject to deposit of fine amount, if not already deposited, and on
furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two
solvent sureties each of Rs.25,000/- (Rupees Twenty Five Thousand) to the
satisfaction of concerned available Magistrate for his appearance before
concerned available Magistrate on 08.07.2024 and on such further dates as
may be fixed in this regard which shall be of frequency not less than once a
year.
The appellant shall also mark his appearance once in every month before
the local Police Station having territorial jurisdiction over the ordinary residence
of appellant.
In case of failure of appellant to mark his appearance at the police station
once in every month, the SHO of the concerned Police Station shall report the
matter to the learned Trial Judge, who shall be free to cancel the bail if the said
absence or non marking of appearance is not supported by any bona fide
reason.
Further it is directed that in case, appellant is found absent on any date
fixed by the concerned available Magistrate, 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.
T he Superintendent of Police, Chhindwara (M.P.) shall ensure proper
protection to be given to the victim under the Witness Protection Scheme,
2018, formulated by the Supreme Court in the case of "Mahender Chawla &
Ors. Vs. Union of India & Ors. [(2019) 14 SCC 615]".
Registry is directed to communicate the copy of this order to the
Superintendent of Police, Chhindwara (M.P.) for compliance.
The Station House Officer of the concerned Police Station is directed as
follows:
1. The Station House Officer shall inform the victim about the
release of petitioner on bail and shall also supply a copy of this
bail order to the victim.
2. In case of breach of any of the conditions of this order, the
victim shall be free to report the matter to the Station House
Officer of the concerned Police Station.
3. On receipt of any such complaint from the victim, the Station
House Officer of the concerned police station, in turn, shall inform
the Registry of this Court.
4. On receipt of information from the Station House Officer as
aforesaid, the Registry of this Court shall list this matter under
caption "Directions" before the appropriate Bench.
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The Registry of this Court is directed to send a copy of this order to the
Magistrate of the concerned District as well as to the concerned Station
House Officer for information and compliance.
A copy of this order be sent to the court below for compliance.
List for final hearing in due course.
Certified copy as per rules.
(SHEEL NAGU) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
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