Madhya Pradesh High Court
Mulataee @ Mulayam vs The State Of Madhya Pradesh on 1 February, 2022
Author: Sujoy Paul
Bench: Sujoy Paul
1 The High Court Of Madhya Pradesh CRA No. 338 of 2022 (MULATAEE @ MULAYAM AND OTHERS Vs THE STATE OF MADHYA PRADESH) Jabalpur, Dated : 01-02-2022 Heard through Video Conferencing.
Shri Anubhav Jain, counsel for the appellants.
Shri S.K. Kashyap, GA for the State.
Heard on I.A. No. 1922/2022, which is an application seeking temporary suspension of sentence and grant of temporary bail filed on behalf of appellant No. 10 Karan Singh.
Appellant No. 10 Karan Singh has been convicted by the trial Court under Section 302/149 (on two counts), 201, 148 of the IPC and sentenced to life imprisonment with fine of Rs. 5000/- (on two counts), R.I. for 5 years with fine of Rs. 3000/- and R.I. for 1 year with fine of Rs. 1000/- respectively with default stipulation.
This application has been filed on the ground that appellant No. 10 is 87 years old person. His health condition is very critical. He is suffering from Cerebrovascular accident (right temporal parietal and bilateral periventricular infracts) with left hemiparesis with newly diagnosed hypertension, due to which he is experiencing weakness and slight paralysis on one side of his body and he is not able to eat anything.
Learned Government Advocate has opposed the application. We have heard learned counsel for the parties and gone through the medical report dated 29.12.2021 of appellant No. 10 issued by Medical Board, NSCB, Medical College Hospital, Jabalpur.
Looking to the health condition of appellant No. 10 as mentioned in the report dated 29.12.2021 and the fact that appellant No. 10 is 87 years old person, we deem it appropriate to suspend the custodial sentence of appellant No. 10 for a limited period, therefore, I.A. No. 1922/2022 is allowed.
It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees 2 Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant No. 10 Karan Singh shall remain suspended and he shall be released on bail for a period of 15 days from today only with direction to surrender before the trial Court concerned on or before 17.2.2022, failing which the trial Court will be at liberty to take appropriate steps to take appellant No. 10 into the custody.
Certified copy as per rules.
(SUJOY PAUL) (SMT. ANJULI PALO)
JUDGE JUDGE
PB
Digitally signed by
PRADYUMNA BARVE
Date: 2022.02.02
11:54:36 +05'30'