Laxmandas & Others vs State Of Madhya Pradesh

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19

outbreak , the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Heard on I.A. No.2439/2020, which is an application for suspension of sentence and grant of bail to appellant no.1 Laxmandas.

This appeal has been preferred against the judgment dated 25/1/2020 passed by Ist Additional Sessions Judge, Guna in S.T. No.237/2016 whereby the

appellant has been convicted under Section 307/34 of the IPC and sentenced to undergo R.I. for 5 years with fine of Rs.5000/- in default to suffer

R.I. for one month; under section 324/34 of the IPC to undergo R.I. for 6 months with fine of Rs.500/- in default to suffer R.I. for 1 month and under

section 323/34 of the IPC to undergo R.I. for 6 months with fine of Rs.500/-in default to suffer R.I. for 1 month.

Learned counsel for the appellant submits that appellant is an old man aged about 75 years. He is in custody since 25/1/2020. Allegation on the present

appellant is of assaulting Rinku by Pharsa on his right leg. The said injury has been found to be simple in nature. The other injured Prakash has

received lacerated wounds caused by hard and blunt object, which are not attributable to the present appellant.

An early hearing of this case is not possible. Taking into consideration the overall facts and circumstances of the case, the I.A. is allowed

It is, therefore, directed that if appellant no.1 namely Laxmandas deposits the entire fine amount, if not already deposited, and furnishes a personal

bond in the sum of Rs.50,000/-(Rupees fifty thousand) to the satisfaction of trial Court for his appearance before the Registry of this Court on 14th

September, 2020 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to him shall remain suspended till

further orders and he shall be released on bail. The appellant shall also furnish a written undertaking that he will abide by the terms and conditions of

various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as

maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

Learned Public Prosecutor is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and

necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.

Certified copy/e-copy as per rules/directions.