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Judgment
17 paragraphs · 370 wordsLearned counsel for the rival parties are heard through video conferencing.
This criminal appeal assails the judgment dated 22.10.2011 passed in S.T.No.146/2010 by Additional Sessions Judge Vidisha whereby the appellant- Umesh Giri has been convicted as under:
Section
Imprisonment
Fine
302 of IPC
L.I.
Rs. 100/- with default stipulation
307 of IPC
7 Years R.I.
Rs. 100/- with default stipulation
I.A.No.6587/2020, 3rd repeat application u/S. 389(1) Cr.P.C. for suspension of sentence moved on behalf of appellant-Umesh Giri after dismissal of earlier one as withdrawn is taken up and considered.
Appellant has suffered about 10 years and 6 months of incarceration as against life imprisonment awarded for the offence of murder.
Considering the prolonged period of custody and the special circumstances of ongoing Covid-19 pandemic and 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-Umesh Giri by way of suspension of sentence.
Accordingly, without expressing any opinion on merits, I.A. No.6587/2020 is allowed and it is directed that the jail sentence of appellant-Umesh Giri 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 concerned for his appearance before concerned CJM 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 concerned 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.10,000/-(Rs. Ten 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.