Madhya Pradesh High Court
Balu vs The State Of Madhya Pradesh on 12 August, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 Cr.A.No.7225/2019
(Balu Vs. State of M.P.)
Indore : Dated 12.8.2021
Shri Manish Sharma, learned counsel for the appellant.
Shri Awdhesh Polekar, learned Panel Lawyer for the
respondent/State.
Heard on I.A.No.21039/2021, an application for suspension of sentence.
The appellant has been convicted under Section 307/34 IPC and sentenced to undergo ten years RI with fine of Rs.500/- with default stipulation, vide judgment dated 20.9.2016 passed by Addl.Sessions Judge, Sardarpur, District Dhar in S.T.No.77/2010.
It is submitted that learned trial Court has wrongly convicted the appellant. The learned trial Court has not properly appreciated the evidence. The earlier application for suspension of sentence was dismissed as withdrawn with liberty to revive the prayer after six months on 19.3.2021 and the present I.A.is filed before the expiry of six months as mother and wife of the appellant have stated to be passed away. The appellant was in jail during trial since 23.10.2009 to 24.12.2009 (sixty three days) and from the date of judgment i.e. 20.9.2016 till date. The appellant has undergone the jail sentence for almost five years out of total imprisonment of ten years. Looking to the Covid-19 situation, the disposal of appeal will take time, hence prayed for suspension of execution of jail sentence.
The prayer is opposed by the learned Panel Lawyer Taking into consideration that the appellant has served the jail sentence for more than five years, the mother and wife of the appellant have 2 Cr.A.No.7225/2019 (Balu Vs. State of M.P.) stated to be passed away, the disposal of appeal will take time, the application is allowed. It is directed that the jail sentence of the appellant shall remain suspended and he be released on bail subject to depositing the fine amount and on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs.One Lac only) with one solvent surety in the like amount to the satisfaction of the trial Court. The appellant is directed to appear before the Registry of this Court on 25.10.2021 and on other subsequent dates as may be fixed in this behalf with following further conditions:-
(i) the concerned jail authorities are directed that before releasing the appellant, the medical examination of the appellant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-
19, then the consequential follow up action including the isolation/quarantine or any further test required be undertaken immediately. If not, the appellant shall be released on bail in terms of the conditions imposed in this order and shall also be given pass or permit for movement to reach his place of residence;
(ii) violation of conditions, State is free to apply for cancellation of bail.
Accordingly, the IA stands disposed of.
C.c.as per rules.
(Rohit Arya) Judge Patil Digitally signed by SHAILESH PATIL Date: 2021.08.13 10:44:47 +05'30'