Komal Singh vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard through video conferencing.

This criminal appeal assails the judgment dated 22.08.2016 passed in S.T.No.265/2005 by 1st Additional Sessions Judge District Bhind whereby the appellant-Komal Singh has been convicted as under:

Section

Imprisonment

Fine

302 of IPC (3 counts)

L.I.

Rs. 1000/- with default stipulation

307/149 of IPC

10 Years R.I

Rs. 1000/- with default stipulation

148 of IPC

3 Years R.I.

I.A.No.5482/2020, 6th repeat application u/S. 389(1) Cr.P.C. for suspension of sentence moved on behalf of appellant-Komal Singh after dismissal of earlier one as withdrawn with liberty to come again after suffering some further reasonable period of custody is taken up and considered.

Appellant is said to be 75 years old and seeks parity with co-convicted person Ramawtar who has been extended benefit of bail by way of suspension of sentence by this Court by order dated 21.12.2016 passed in Cr.A. No. 619/16. Appellant has suffered about five and a half years of custody.

In view of above and looking to the special circumstances of ongoing Covid-19 pandemic and the fact that there is no hope of this appeal coming up in the near future for final hearing, this Court is inclined to grant bail to the appellant-Komal Singh by way of suspension of sentence.

Accordingly, without expressing any opinion on merits, I.A. No. 5482/2020 is allowed and it is directed that the jail sentence of appellant-Komal Singh will remain under suspension subject to verification that the amount of fine has been deposited, on the appellant's furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of CJM Gwalior for his appearance before CJM Gwalior on 17/12/2020 and on such further dates as may be fixed by him which shall be of frequency not less than once in a year.

In case, appellant is found absent on any date fixed by CJM Gwalior then the said 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.

The appellant undertakes to deposit a sum of Rs.5000/-(Rs. Five Thousand Only) within one week of his release on bail in the PM-CARES Fund for helping the disaster management process in the wake of Covid-19 pandemic and produce receipt before the registry of this Court of having done so within 30 days, failing which this Court may recall the order of bail. This gesture of appellant is appreciable.