Mohan Singh & Others vs State Of M.P

G.S. Ahluwalia, J

I.A.10958/2020, fourth repeat application and I.A.10033/2020, second repeat application for grant of bail and suspension of sentence have been moved by appellant No.1-Mohan Singh and appellant No.3-Atar Singh, respectively, u/Sec. 389(1) Cr.P.C., after rejection of earlier ones without being considered on merits, are taken up and considered.

This criminal appeal assails the judgment dated 26.02.2010 passed in SST No.58/2009 by Special Judge (MPDVPK Act), Shivpuri (M.P.) whereby appellant No.1-Mohan Singh and appellant No.3-Atar Singh have been convicted and sentenced as under with default stipulations :-

Sections

Imprisonment

Fine

364-A IPC r/w 11/13 MPDVPK Act

LI

Rs.100/- with default stipulation.

Learned counsel for the State opposed the appeal and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

It is submitted by learned counsel for the appellants that appellant No.1-Mohan Singh and appellant No.3-Atar Singh have suffered about more than 10 years' incarceration as against life sentence imposed. It is further submitted by learned counsel for the appellants that vide order dated 3/6/2020 this Court has already suspended the jail sentence and granted bail to appellant no.2-Harphool @ Phool Singh @ Vanphool.

State reply does not disclose any criminal antecedent against appellant No.1-Mohan Singh and appellant No.3-Atar Singh.

Considering the changed scenario in view of the Covid-19 pandemic and looking to the fact that there is no likelihood of early disposal of the appeal in near future, this Court is inclined to grant bail to appellant No.1-Mohan Singh and appellant No.3-Atar Singh by way of suspension of sentence.

Accordingly, without expressing any opinion on merits, I.A.10958/2020 and I.A.10033/2020 are allowed and it is directed that the jail sentence of appellant No.1-Mohan Singh and appellant No.3-Atar Singh will remain under suspension subject to verification that the amount of fine has been deposited, on appellant No.1-Mohan Singh and appellant No.3-Atar Singh furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand

Only) each with one solvent surety each of the like amount to the satisfaction of concerned Magistrate for their appearance before the concerned Magistrate on 07/12/2020 and on such further dates as may be fixed by him which shall be of frequency not less than once a year.

In case, appellant No.1-Mohan Singh and appellant No.3-Atar Singh are found absent on any date fixed by the concerned Magistrate then the said Magistrate shall be free to issue and execute warrant of arrest for securing their presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

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 No.1-Mohan Singh and appellant No.3-Atar Singh during period of suspension of sentence as a consequence of this order.

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

C.c as per rules.