Madhya Pradesh High Court
Phoolabai And Others vs State Of M.P. on 4 August, 2020
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
1 Cr.A. No.744/2000
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.744/2000
(Phoola Bai & Ors. Vs. State of M.P.)
Gwalior, Dated: 04/8/2020
Shri Atul Gupta, learned counsel for the appellants.
Shri Vijay Sundaram, learned Panel Lawyer for the
respondent/State.
Heard learned counsel for the parties through video conferencing.
I.A.No.8205/2020, application for suspension of sentence and grant of bail moved by appellants No. 2 and 3 - Kalyan Singh and Halke respectively, is taken up and considered.
This Criminal appeal assails the judgment dated 31/10/2000 passed in Sessions Trial No. 229/2000 by First Additional Sessions Judge, Guna, District Guna whereby the appellants have been convicted under Sections 302 and 302/34 of the IPC and have been sentenced to undergo Life Imprisonment with fine of Rs.5,000/- each with default stipulation.
Learned counsel for the appellants has submitted that appellants Kalyan Singh and Halke were juvenile on the date of incident, therefore, as per directions of this Court, report from Juvenile Board was called for which is still awaited. It is further submitted that due to COVID-19 situation, regular functioning of the Courts/Board is awaited. Hence, prays for grant of temporary suspension of sentence of appellants Kalyan Singh and Halke for a 2 Cr.A. No.744/2000 period of 90 days.
Learned State counsel has vehemently opposed the prayer and has stated that in the present case, on the date of incident, accused Kalyan was not minor, as his date of birth is reflected as 10/5/1983 and the date of incident is 08/5/2000. Learned State counsel has further submitted that the appellants have committed the murder of their father. Under these circumstances, no case for grant of suspension of sentence is made out.
Heard learned counsel for the rival parties and perused the materials available on record.
As the date of birth of appellant No. 3 Halke has been shown as 05/2/1985, therefore, prayer for grant of suspension of sentence and bail to appellant No. 3 Halke is hereby allowed.
It is hereby directed that the jail sentence of appellant No. 3- Halke shall remain under suspension for a period of 90 days (Ninety days) from the date of his release on appellant's furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the concerned Magistrate with the condition that appellant shall surrender himself to the custody before the concerned Magistrate immediately after expiry of period of interim suspension of 90 days (Ninety days). The intimation regarding surrender of the appellant be furnished to this Court by the concerned Magistrate.
3 Cr.A. No.744/2000
The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of appellant during period of suspension of sentence as a consequence of this order.
So far as appellant No.2 Kalyan is concerned, it appears that accused Kalyan was not minor on the date of incident and the report with regard to ascertainment of his age from Juvenile Board is still awaited, therefore, the prayer for grant of suspension of sentence and bail to appellant No. 2 Kalyan Singh is hereby rejected.
Accordingly, I.A. No.8205/2020 is hereby disposed of in above terms.
List the case before expiry of period of 90 days (Ninety days).
A copy of this order be sent to the Court concerned for information.
E-copy/certified copy as per rules.
(Sheel Nagu) (Rajeev Kumar Shrivastava)
Judge Judge
AKS
ALOK
KUMAR
2020.08.05
12:07:38
+05'30'