Madhya Pradesh High Court
Atar Singh Yadav vs The State Of Madhya Pradesh on 29 January, 2025
Author: Anand Pathak
Bench: Anand Pathak
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA NO. 641 OF 2025
(ATAR SINGH YADAV & ANR. VS. STATE OF M.P.)
Dated: 29.01.2025
Shri S.N. Dubey and Shri Arjun Sharma - Advocates for the
appellants.
Shri Vijay Sundaram - Public Prosecutor for the
respondent/State.
Heard on I.A.No.1629/2025, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of interim bail on behalf of appellant No.1 - Atar Singh who is seeking such benefit for undergoing medical treatment of heart which is suffering blockage to the extent of 80%.
This criminal appeal assails the judgment dated 26-12-2024 passed in Special Case No.22/2003 by the Special Judge (Dacoity), Datia whereby appellant No.1 has been convicted as under:
Section Imprisonment Fine 148 of IPC 2 years' RI Rs.1,000/- with default stipulation. 302/149 of IPC Life Imprisonment Rs.5,000/- with (four counts) default stipulation. 307/149 of IPC 10 years' RI Rs.2,000/- with (seven counts) default stipulation. 120-B of IPC 10 years' RI Rs.1,000/- with default stipulation.
It is the submission of learned counsel for appellant No.1 that he is 80-81 years and suffering blockage of heart to the extent of 80%. Medical Officer, Central Jail, Gwalior has referred him to IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA NO. 641 OF 2025 (ATAR SINGH YADAV & ANR. VS. STATE OF M.P.) the Higher Center, AIIMS, Bhopal, however because of arrangement of police force, delay has been caused. Since he is ready to take treatment on his own, therefore, temporary suspension be given for a limited period so that meanwhile he may take all necessary treatments and would return back. Therefore, application for suspension of jail sentence and grant of interim bail may be allowed.
Learned counsel for the respondent/State verified the fact and submitted verification report dated 27-01-2025 prepared by Medical Officer, Central Jail, Gwalior. According to the said report he is suffering from HYPERTENSION, UNSTABLE ANGINA LVEF 60%, DOUBLE VESSEL DISEASE - OSTIOPROXIMAL TO MID LAD 80% STENOSIS, MID RCA 60% STENOSIS and he has been referred to Higher Center for medical treatment.
Considering the submission and going through the status report of appellant No.1 as referred by Medical Officer, Central Jail Gwalior, it appears that he is suffering from blockage of chamber of heart, therefore, he needs medical treatment, his age is 80 years, therefore, in the considered opinion of this Court at best, one month's period can be given for undergoing medical treatment at AIIMS, Bhopal or any place of his choice. He would have to surrender immediately after one month and would submit all necessary documents in support of his submission to indicate that IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA NO. 641 OF 2025 (ATAR SINGH YADAV & ANR. VS. STATE OF M.P.) he underwent medical treatment during this period. If appellant No.1 furnishes bail bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) along with two solvent sureties of the like amount to the satisfaction of the trial Court, then he shall be released on temporary bail for a period of one month and thereafter on 03- 03-2025 he shall have to surrender before the trial Court and report shall be sent to this Court about the said fact.
Appellant No.1 shall surrender on or before 03-03-2025 before the trial Court and report in this regard be submitted before this Court.
Copy of this order be sent to the trial Court concerned for necessary compliance.
List this case in the week commencing 10th March, 2025. Surrender report of appellant No.1 be submitted meanwhile.
Certified copy today.
(ANAND PATHAK) (HIRDESH)
Judge Judge
Anil*
ANIL KUMAR
CHAURASIYA
2025.01.29
15:48:13 +05'30'