Bhajan Lal Solanki vs State Of Madhya Pradesh

I.A.No.8087/19, fifth repeat application for suspension of jail sentence and grant of bail u/S.389(1) Cr.P.C. moved by the sole appellant is taken up and considered.

This Criminal appeal assails the judgment dated 29/11/2017 passed in S.T. No.300002/2011 by Sessions Judge, District-Sheopur (M.P.) whereby the appellant has been convicted as under with default stipulation:-

Sec

Imprisonment

Fine

468 of IPC

05 years R.I.

Rs.5000 /- with default stipulation

471 of IPC

01 years R.I.

Rs.2000/- with default stipulation

120B of IPC

03 years R.I.

Rs.500/- with default stipulation

Learned Public Prosecutor for the State, on the other hand, prayed for dismissal of the appeal by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

Appellant has already suffered about 2 years of incarceration as against imprisonment of five years. The decision of Apex Court in the case of Kamal Vs. State of Haryana reported in 2006(1) SCC(Cri)757 has been pressed into service which lays down that in matters where fixed period of sentence is awarded, the appellant can be released on bail after undergoing substantial period of sentence.

In view of above and considering the period of custody and the fact that there is no likelihood of early disposal of the appeal in near future, this court is inclined to grant bail to appellant by way of suspension of sentence.

Accordingly, without expressing any opinion on merits, I.A.No.8087/2019 is allowed and it is directed that the jail sentence of the appellant will remain under suspension subject to the verification that the amount of fine has been deposited on the appellant's furnishing bail bond of Rs. 50,000/- (Rs. Fifty Thousand Only) with two solvent sureties each of Rs.25,000/- in the like amount to the satisfaction of CJM, Sheopur for his appearance before the CJM, Sheopur on 19/02/2020 and on such further dates as may be fixed by the CJM which shall be of frequency not less than once a year.

In case, the appellant found absent on any date fixed by the concerned trial Court then the said trial Court shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

The aforesaid order of suspension of sentence passed in regard to the appellant shall remain in force subject to his planting 25 saplings of indigenous fruit bearing or shady trees on the side of the road/street of the place of residence of appellant or at any other place in the district which is earmarked by the Collector/Revenue Authority for planting trees and shall take care of the trees for the next one year by watering the plants and by installing tree guards at his own expenses. In case the appellant are unable to afford incurring of such expenses, then they would obtain saplings/tree guard from the forest authorities (the concerned Forest Range Officer of the area) free of cost or at concessional/nominal rates available under any beneficial scheme of the Government. The appellant shall file affidavit disclosing compliance of this condition within 30 days in the Registry, failing which this Court may consider cancellation of bail.

The DFO of the concerned District is directed to file verification report before the trial Court concerned after carrying out inspection personally or through any other officer of the Forest Department duly authorized in that behalf disclosing as to whether appellant has complied with the said condition or not, and if yes to what extent?

The learned trial Judge on receiving report of non compliance of the said condition shall forthwith communicate the same to Registry of this Court.

The Registry on receiving any such report from the trial Court disclosing default shall put up the matter before appropriate bench in shape of PUD.

A copy of this order be sent to the Court concerned for compliance.

A copy of this order be furnished by the Registry of this court to the concerned District Magistrate and the DFO having territorial jurisdiction over the place of residence of the appellant for execution of the order in the interest of the ecology.

Let a typed copy of this order be also supplied to the counsel for the State for compliance of the aforesaid directives.

C.c. as per rules.