Madhya Pradesh High Court
Ramniwas Meena vs The State Of Madhya Pradesh on 13 January, 2022
Author: Anand Pathak
Bench: Anand Pathak
1
THE HIGH COURT OF MADHYA PRADESH
Criminal Appeal No.6190/2017
(Ramniwas Meena Vs. State of M.P.)
Gwalior, dated : 13.01.2022
Shri S.K.Shrivastava, learned learned counsel for the
appellant.
Shri Awadhesh Parashar, learned PL for the respondent/State.
Matter is heard through Video Conferencing. Heard on I.A. No.31301/2021, repeat application under Section 389 (1) of Cr.P.C. for suspension of sentence filed on behalf of sole appellant.
The appellant has been convicted under Section 489 (B) and (C) of IPC and sentenced to undergo various terms of sentences maximum of which is 10 years RI with fine and default stipulations.
At the outset, learned counsel for the appellant prays for withdrawal of this application (I.A.No. 31301/2021) so far as its merit part concerned, but pressed the same for interim suspension of sentence of appellant on the ground that he already suffered four years and five months of incarceration and due to COVID-19 pandemic, a chance be given to take care of his family which is suffering in these years because of his incarceration. It is further submitted that looking to the period of custody and the fact that he was earlier given benefit of bail during trial and he did not misuse the liberty and actively participated in trial from day one, therefore, benefit of temporary suspension of sentence be given. He further submits that though appellant bears criminal history of two cases but 2 THE HIGH COURT OF MADHYA PRADESH Criminal Appeal No.6190/2017 (Ramniwas Meena Vs. State of M.P.) in one case, he has been given benefit of Probation of Offenders Act and in one case fine of Rs. 400/- has been imposed over him. He undertakes to abide by the terms and conditions as imposed by this court. Fine amount has already been deposited. He has strong case on merits. Hearing of appeal shall take some time to conclude. Therefore, temporary suspension of sentence may be granted to the appellant.
Learned PL for the State opposed the prayer however, fairly submitted that if appellant is released on temporary bail, then stringent conditions may be imposed over him.
Heard.
Considering the submissions, specially, the period of custody suffered by appellant and the COVID -19 Pandemic situation,, without commenting on the merits of the case as there is no possibility of early hearing of this criminal appeal before this Court, hence, I.A. No.31301/2021 is disposed of and appellant is granted temporary bail for three months so that he may look after his family, subject to deposit of fine amount and on his furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court. The appellant is further directed to surrender himself on or before 13th April, 2022 before trial court. 3
THE HIGH COURT OF MADHYA PRADESH Criminal Appeal No.6190/2017 (Ramniwas Meena Vs. State of M.P.) The aforesaid grant of temporary bail shall be subject to the condition that appellant shall mark his appearance before the concerned Police Station i.e. Kotwali, Guna on every Sunday between 10.30 am to 2.30 pm, during the period of temporary bail.
I.A. stands disposed of.
E- copy/copy of this order be sent to the trial Court concerned for compliance, if possible, for the office of this Court.
Certified copy/ e-copy as per rules/directions.
(Anand Pathak) Judge jps/-
ASHISH Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, CHAURA postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d 4de08c6bb9303e52e2e7e728d9bac85bd3, pseudonym=CA2EA6EDDF504F8F9C2790FA9 A0FD201D0242B64, SIA serialNumber=A926F3CBF979ECA6A4C47757 7EEDBA3AB4F94593A930B98DAE1B0AD16F9 0B5FD, cn=ASHISH CHAURASIA Date: 2022.01.17 11:58:13 +05'30'