Sughar Singh 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.

I.A. No.11972/2020, an application for urgent hearing through video conferencing, accordingly, stands allowed.

Heard on I.A.No.11970/2020, third application, under section 389(1) of the Cr.P.C., moved on behalf of the appellant Sughar Singh. First application

(I.A.No.20202/2018) was dismissed on merits vide order dt.05.09.2018 and second application (I.A.No.2778/2019) for temporary suspension was

dismissed vide order dt.16.04.2019.

This Criminal appeal assails the judgment dated 16.01.2018 passed by the Fourth Additional Sessions Judge, Morena in S.T. No.75/2010, whereby the

appellant has been convicted under section 302/149 of the IPC and sentenced to undergo life imprisonment with fine of Rs.10,000/- in default to suffer

simple imprisonment for six months, under Section 147 of IPC and sentenced to undergo R.I. for six months with fine of Rs.500/- in default to suffer

simple imprisonment for one month and under Section 341 of IPC and sentenced to deposit fine of Rs.500/- in default to suffer simple imprisonment

for one week.

Learned counsel for the appellant submits that appellant is a senior citizen, aged about 72 years and is suffering from aged related ailments. It is

further submitted the appellant is in custody for about three years. It is further submitted that in view of COVID-19 outbreak, detention of appellant in

already congested prisons, who owing to his age is more susceptible, may be detrimental. It is prayed that considering the aforesaid, benefit of

suspension of custodial sentence may be allowed.

On the other hand, learned Dy.Advocate General appearing for the respondent/State has opposed the prayer and submitted that the appellant has

undergone incarceration of three years, whereas the sentence awarded is life imprisonment, therefore, in such circumstances, this application deserves

to be dismissed.

In the circumstances, this Court, without entering into the merits of the case, relying on the decision of the Apex Court in the case of Anil Ari Vs.

State of West Bengal reported in (2009) 11 SCC 363, wherein the Apex Court had directed to release the appellant therein on bail considering his age

and not on consideration of merits of the case, at present is inclined to grant benefit of interim suspension of sentence instead of regular suspension to

the appellant for a period of three months from tomorrow (20.08.2020).

Accordingly, it is directed that execution of jail sentence of the appellant, namely; Sughar Singh shall remain suspended and he be released on interim

bail w.e.f. 20.08.2020 subject to furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with two solvent sureties each of the

like amount to the satisfaction of the concerned CJM. 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.

It is directed that the appellant shall surrender himself before the CJM concerned on 20.11.2020 for serving out the remaining part of jail sentence

awarded to him under the impugned judgment. The affidavit relating to surrender be filed by the appellant on 23.11.2020.

Consequently, I.A. No.11970/2020 stands disposed of.

List this case in the week commencing 23/11/2020 to verify the aspect of surrender.

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

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