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2018 DIGILAW 328 (MP)

Inder Narayan v. State of M. P.

2018-03-19

ROHIT ARYA

body2018
ORDER 1. This writ petition under Article 226 of the Constitution of India has been filed with following relief : (i) That, an appropriate writ, direction or order, be passed in favour of the petitioners, to the effect that the petitioner No. 2 be allowed to remain outside of jail for his treatment and not be asked to surrender; and the notice dated 12.9.2014 (Annexure P-3) sent to the petitioner No. 1 be withdrawn and no coercive action be taken against him for not being able to get the petitioner No. 2 to surrender; 2. It appears that petitioner No. 2 was released from jail pending life sentence by the Superintendent of jail in exercise of the power under rule 361 of the M.P. Prisons Rules, 1968 while he formed an opinion that petitioner No. 2 convict prisoner, was suffering from such sickness and was likely to die, if he continued to be in jail and there are reasonable chances of recovery, if he was ordered to be released after execution of security bond with an undertaking that he shall surrender after treatment. The petitioner has questioned the communication by the Jail Superintendent, Bhopal on 12.09.2014 through petitioner No. 1 Inder Narayan s/o Ratiram to produce the petitioner No. 2 who was released on 20.12.2010 on furnishing security bond by the petitioner No. 1. 3. This Court has ordered for medical examination of the petitioner No. 2 by the duly constituted Medical Board vide interim order dated 11.8.2015 passed in that behalf and till then no coercive action against the petitioner. 4. It appears that petitioner No. 2 did not appear before the Medical Board and sought further adjournment from this Court under the pretext of seeking opportunity to appear before the Medical Board. The interim protection continued. On 19.2.2018, a Co-ordinate Bench has directed the petitioner No. 2 to appear before the Medical Board in terms of earlier direction of the Court on 9.3.2018. He has not appeared before the Medical Board. Today, again petitioner prays for further time to appear before the Medical Board. 5. From the material placed on record, it is clear that petitioner No. 2 has been convicted and sentenced for life imprisonment in connection with S.T. No. 39/99 on 3.3.2000 by I Additional Sessions Judge Narsinghgarh. He has not appeared before the Medical Board. Today, again petitioner prays for further time to appear before the Medical Board. 5. From the material placed on record, it is clear that petitioner No. 2 has been convicted and sentenced for life imprisonment in connection with S.T. No. 39/99 on 3.3.2000 by I Additional Sessions Judge Narsinghgarh. However, he has obtained release from the jail in the year 2010 and for seven years he has managed to remain out of jail under the pretext of suffering from serious illness. As a matter of fact, in this writ petition challenge has been made to the communication dated 12.9.2014 from the office of Superintendent, Central Jail, Bhopal requiring the petitioner No. 1 surety to present the petitioner No. 2 in the jail. However, the petitioners obtained interim order against execution of the said communication (supra). Thereafter, petitioner No. 2 has committed default in appearance before the Medical Board though this Court had given indulgence many times in that behalf. 6. In the opinion of this Court, petitioner No. 2 has made well calculated efforts to avoid undergoing sentence in the jail so far. As such no further indulgence is warranted. This writ petition sans merits and is hereby dismissed. 7. At this stage, learned counsel for the petitioner prays for short accommodation for surrender of the petitioner No. 2. 8. Though, prayer is opposed by learned Govt. Advocate. However, in the interest of justice, petitioner No. 2 is directed to surrender before the Central Jail, Bhopal on or before 9.4.2018 for undergoing the remaining part of the jail sentence in connection with S.T. No. 39/1999. In the event petitioner No. 2 does not surrender before the said authority within a week from today, the Superintendent, Central Jail, Bhopal shall communicate the matter to the Chief Judicial Magistrate, Bhopal for issuance of non-bailable warrant for securing immediate arrest of the petitioner No. 2. 9. With the aforesaid direction, writ petition stands disposed of. 10. Let a copy of this order be communicated to the Superintendent, Central Jail, Bhopal and the Chief Judicial Magistrate, Bhopal through the office of the Additional Advocate General, Indore for onward compliance.