Ramji Gurjar vs State Of M.P.

IA.910/2020 third repeat application u/Sec. 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of sole appellant after rejection of earlier ones without being considered on merits, is taken up and considered.

This criminal appeal assails the judgment dated 31.12.2009 passed in SST.No.44/2009 by Special Judge (Dacoity), Shivpuri (M.P.) whereby appellant has been convicted and sentenced as under with default stipulation :-

Sections

Imprisonment

Fine

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

LI

Rs.1,000/- with default stipulation

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

Considering the fact that appellant is aged 59-60 years and has suffered more than 10 years of custody, therefore, in view of abovesaid fact and the situation of ongoing Covid-19 pandemic with further need to de-congest the prison, without entering into the merits of the matter, this Court is inclined to grant temporary bail for a period of 90 days (Ninety Days) to appellant by way of suspension of sentence.

Accordingly, without expressing any opinion on merits, I.A.910/2020 is allowed and it is directed that the jail sentence of appellant will remain under suspension temporarily for a period of 90 days (Ninety Days) from the date of his release subject to verification that the amount of fine has been deposited, on appellant furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Magistrate for his appearance before the concerned Magistrate as and when required provided that the appellant shall surrender himself to the custody immediately after expiry of period of interim suspension of 90 days (Ninety days).

The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time 3 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.

Appellant has gracefully volunteered to donate Rs.5,000/-(Rs. Five Thousand Only) in the account of the High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the courts owing to ongoing Covid19 pandemic. This Court has no manner of doubt that the office bearers and the Senior members of the Bar shall ensure that the donation reaches the rightful and deserving claimants. Let the donation be deposited within seven (7) working days from the date of his release.

List the case in the week commencing 07.12.2020 to enable the counsel for filing proof regarding surrender by appellant within the stipulated period of time.

A copy of this order be sent to the Magistrate of the concerned district for compliance.

C.c as per rules.