Bhagwan Singh vs State Of M.P

This Criminal appeal assails the judgment dated 31/7/2018 passed in Sessions Trial No.60/2015 by Additional Sessions Judge, Karera, District Shipuri, whereby the appellant has been convicted as under:-

Section

Imprisonment

Fine

In default

302/149 of IPC

Life Imprisonment

Rs.5,000/-

Three months

148 of IPC

One year

Rs.1,000/-

One month

I.A.No.1811/2020, second repeat application for suspension of sentence and grant of bail moved by the sole appellant after withdrawal of first application on 30/8/2019, is taken up and considered.

Learned counsel for the appellant - Bhagwan Singh has submitted that the appellant is an old man aged around 72 years and he has suffered total 2 years and 8 months of custody period. It is further submitted that due to COVID-19 situation, there is no possibility of final disposal of this appeal in near future. Hence, prays for grant of temporary suspension of sentence of the appellant for a period of 90 days.

Learned State counsel has vehemently opposed the prayer and prayed for rejection of the application.

Heard learned counsel for the rival parties and perused the materials available on record.

Looking to the age of the appellant i.e. 72 years and current COVID-19 situation, prayer for grant of temporary suspension of sentence and bail to appellant - Bhagwan Singh is hereby allowed.

It is hereby directed that the jail sentence of appellant - Bhagwan Singh shall remain under suspension for a period of 90 days (Ninety days) from the date of his release on appellant's furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the concerned Magistrate with the condition that appellant shall surrender himself to the custody before the concerned Magistrate immediately after expiry of period of interim suspension of 90 days (Ninety days). The intimation regarding surrender of the appellant be furnished to this Court by the concerned Magistrate.

The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of appellant during period of suspension of sentence as a consequence of this order.

I.A. No. 1811/2020 is accordingly disposed of in above terms.

List the case in the week commencing 04th January, 2021.

A copy of this order be sent to the Court concerned for information.

E-copy/certified copy as per rules.