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Judgment
I.A.No.16437/2020, 1st application for suspension of jail sentence and grant of bail moved on behalf of the petitioner-Vikram Singh u/S. 397(1) of Cr.P.C. is taken up and considered.
Challenge in this revision is to the appellate order dated 16.09.2020 passed by Sessions Judge, District Bhind (M.P.) in Cr.A.156/2017 whereby the appeal of the petitioner was dismissed upholding the judgment dated 21.08.2017 passed by CJM, Bhind in Criminal Case No.1627/2016, whereby petitioner had been convicted under Section 25 (1-B) (a) of the Arms Act and sentenced to one year's R.I. with fine of Rs.1000/, with default stipulation.
It is submitted by counsel for the petitioner that petitioner has suffered about nine days of incarceration as against sentence of 1 year R.I imposed. It is informed that fine imposed has already been deposited.
In view of the reasons mentioned in the application coupled with the fact that there is no possibility of the revision coming up for final hearing in near future and looking to the short period of sentence awarded, without expressing any opinion on the merits, awaiting admission of the revision, this court is inclined to extend the benefit of suspension of sentence to the petitioner.
Accordingly, I.A.No. 16437/20 is allowed. It is directed that the jail sentence of the petitioner-Vikram Singh will remain under suspension, subject to depositing fine amount and furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Magistrate for his appearance before the concerned Magistrate on 15/12/2020 and all other subsequent dates as may be fixed by him which shall be of frequency not less than once a year.
In case, the petitioner 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 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.
The petitioner 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 petitioner. ;याचिकाकर्ता एक शिक्षा स्वयंसेवक के रूप में अपने निवास के निकट अवस्थित सरकारी प्राथमिक विद्यालय में स्वच्छता और आरोग्य को सुनिश्चित 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।द्ध
The petitioner 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) आर/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 petitioner and pass it on to the concerned PLV. 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 एवं सम्बंधित पी एल वी को हस्तांतरित करें।)
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 Paralegal Volunteers of the area concerned to verify as to whether petitioner 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.
A copy of this order be sent to the Magistrate of the concerned district for compliance.
Let record of the courts below be requisitioned.
List after receipt of record.
C.c as per rules.