Madhya Pradesh High Court
Suraj vs The State Of Madhya Pradesh on 19 February, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-4430-2021
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4430 of 2021
(SURAJ Vs THE STATE OF MADHYA PRADESH )
Dated : 19-02-2025
Shri Nitin Goyal - Advocate for the appellant.
Shri Vijay Sundaram - Public Prosecutor for the respondent-State.
Maternal Uncle (Mama) of appellant is present in person.
Heard on I.A.No.20422/2024, first application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the
appellant-Suraj.
The appellant stood convicted under Section 302 of IPC and sentenced
to undergo Life Imprisonment with fine of Rs.1,000/- with default stipulation
vide judgment of conviction and order of sentence dated 18/06/2021 passed
by First Additional Sessions Judge, Sabalgarh, District-Morena in S.T.
No.66/2018.
It is the submission of learned counsel for the appellant that appellant
is suffering from mental disorder called 'Psychosis'. Even at the time of
incident, he was suffering from this mental disorder and he is a mental
patient. Appellant so far suffered 07 years and 04 months incarceration as
pre and post trial detention. Vide order dated 07/02/2025, medical/ health
status report of the appellant was called from the concerned Jail.
Medical report dated 14/02/2025 received from G.R. Medical College,
Gwalior is filed on record. Perusal of the said report indicates that appellant
is under regular treatment of 'Psychosis'. Hence, learned counsel for the
2 CRA-4430-2021
appellant sought temporary suspension of sentence and release on bail of the
appellant for sometime so that he can take good treatment. Maternal uncle
(Mama) of the appellant undertakes that he, his wife and his children would
take care of the appellant and will keep him in his house. He further
undertakes that he has no personal motive to keep the appellant in his
family. He further undertakes that he shall not take any signature of the
appellant over any document of the property to get the property of the
appellant in his name and in the name of his family members. In short, he
wants to take care of his nephew (Bhanja) and wants to serve altruistically.
Learned Public Prosecutor for the respondent-State informs this Court
that medical report obtained from the concerned Jail Superintendent indicates
that appellant is suffering from disease called Psychosis and he is under
treatment. He needs such treatment regularly.
Considering the submissions advanced and medical ailment of the
appellant as reflected from the medical report on record, it appears that case
for temporary suspension to the appellant is made out, however, with a word
of 'caution' that appellant shall be taken care by his maternal uncle (Mama)
and his family members and they would not take any step which may be
detrimental to the physical/ mental, financial and social health/ well being of
the appellant. If appellant furnishes a bail bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) along with one surety bond of the
like amount to the satisfaction of the trial Court/CJM Court, then jail
sentence of the appellant shall remain temporary suspended for a period of
two months from today. The appellant shall surrender on or before
3 CRA-4430-2021
21/04/2025 before the concerned trial Court and report shall be sent to this
Court about the said fact.
I.A.No.20422/2024 stands disposed of.
During this period, maternal uncle of the appellant ( Mama) shall take
the appellant to the Higher Center, if advised, for treatment of his medical
ailment and at the time of surrender, all the medical papers of treatment taken
by the appellant during bail period shall be submitted.
Photocopy of the medical papers/ treatment given so far by Jail
authorities to the appellant while in custody shall be provided to the
appellant and his maternal uncle so that same can be referred to the Higher
Center for treatment of the appellant.
Copy of this order be sent to the trial Court concerned for necessary
compliance.
List this case on 24/04/205 for verification regarding surrender by
appellant.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
VC
