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Judgment
This criminal appeal assails the judgment dated 10.03.2011 passed in S.T. No.110/2009 by IInd Additional Sessions Judge Dabra District Gwalior whereby appellant - Pinki @ Prahalad has been convicted as under: :-
Section
Imprisonment
Fine
302/149 of IPC
L.I
Rs. 5000/- with default stipulation
25/27 of Arms Act
3 Years R.I
Rs. 500/- with default stipulation
I.A.No.16700/20, 6th repeat application u/S. 389(1) Cr.P.C. for suspension of sentence moved on behalf of appellant-Pinki @ Prahalad is taken up and considered. Appellant has suffered more than 11 years of custody. Single blow on the head of deceased is alleged against the petitioner with Pharsa.
Learned counsel for the victim opposes the application by saying that appellant is the main accused.
In view of above and the special circumstances of ongoing Covid-19 pandemic and that there is no hope of this appeal coming up in the near future for final hearing, this Court is inclined to grant bail to the appellant-Pinki @ Prahalad by way of suspension of sentence.
Accordingly, without expressing any opinion on merits, I.A. 16700/2020 is allowed and it is directed that the jail sentence of appellant-Pinki @ Prahalad will remain under suspension subject to verification that the amount of fine has been deposited, on the appellant's furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Magistrate for his appearance before the concerned Magistrate on 18.01.2021 and on such further dates as may be fixed by him which shall be of frequency not less than once in a year.
In case, appellant is found absent on any date fixed by the concerned Magistrate then the said Magistrate 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 appellant as a Shiksha Swayamsewak shall render physical and financial assistance to Govt. Primary School situated nearest to his residence for ensuring hygiene and sanitation and for removing deficiencies of infrastructural amenities in the said School from the skill /resources of appellant. (याचिकाकर्ता एक शिक्षा स्वयंसेवक के रूप में अपने निवास के निकट अवस्थित सरकारी प्राथमिक विद्यालय में स्वच्छता और आरोग्य को सुनिचित करने के लिए शारीरिक एवं वित्तीय सहायता प्रदान करेगा तथा अपने कौशल व संसाधनों से उक्त विद्यालय में अवसंरचनात्मक सुविधाओं की कमियों को दूर करेगा।)
The appellant after selecting a particular Govt. Primary School shall inform about the same to the office of Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area), within whose territorial jurisdiction the said school is situated. (याचिकाकर्ता एक विशिष्ट सरकारी स्कूल का चयन करने के पश्चात् इसके बारे में ग्राम पंचायत के कार्यालय (ग्रामीण क्षेत्र के मामले में) और/या सम्बंधित वार्ड के वार्ड अधिकारी (शहरी क्षेत्र के मामले में) जिसके क्षेत्राधिकार में उक्त स्कूल अवस्थित है को सूचित करेगा।)
It will be joint responsibility of Sarpanch and Secretary of said Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area) to preserve the said information provided by the appellant. यह, सम्बंधित वार्ड के वार्ड अधिकारी (शहरी क्षेत्र के मामले में) और/या उक्त ग्राम पंचायत के सरपंच और सचिव (ग्रामीण क्षेत्र के मामले में) की संयुक्त जिम्मेदारी होगी कि, याचिकाकर्ता द्वारा प्रदत्त सूचना को संरक्षित करे ।
The Registry of this court shall communicate this order through Legal Aid Officer, SALSA, Gwalior to the Collector, District Education Officer, Block Education Officer of the district/block concerned for information and compliance.
A copy of this order be supplied to the Legal Aid Officer, SALSA, Gwalior who is directed to communicate this order to the District Education Officer, Block Education Officer of the district/block concerned to verify as to whether appellant has complied with abovementioned condition or not and submit report once every month.
In case report regarding abovementioned is not filed or report is found to be wanting in any manner then Registry is directed to list this matter as PUD before appropriate Bench.
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 the appellant during period of suspension of sentence as a consequence of this order.
A copy of this order be sent to the Magistrate of the concerned district for compliance.
C.c as per rules.