Bundel Singh & Ors vs State Of M.P

This Criminal appeal assails the judgment dated 16/5/2018 passed in Sessions Trial No.134/2012 by First Additional Sessions Judge, Guna whereby appellant No. 3 - Bhagwan Singh has been convicted under Section 302/34 of IPC and has been sentenced to undergo Life Imprisonment with fine of Rs.5,000/- with default stipulation.

I.A.No.10832/2020, second repeat application for suspension of sentence and grant of bail moved by appellant No.3 - Bhagwan Singh after withdrawal of first application on 15/7/2019, is taken up and considered.

Learned counsel for appellant No.3 - Bhagwan Singh has submitted that the appellant is an old man aged around 68 years and is in custody since 2 years and 5 months. 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. 68 years and current COVID-19 situation, prayer for grant of temporary suspension of sentence and bail to appellant No.3 - Bhagwan Singh is hereby allowed.

It is hereby directed that the jail sentence of appellant No.3 - 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. 10832/2020 is accordingly disposed of in above terms.

List the case in the week commencing 4th January, 20201.

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

E-copy/certified copy as per rules.