Bombay High Court
Jyoti @ Jiya Uttamsingh Ajit vs State Of Mah. Thr. Pso Ps Wathoda ... on 28 October, 2021
Bench: V. G. Joshi
1 37 APPA 558.2021.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPEAL NO. 405 OF 2021
Jyoti @ Jiya Uttamsingh Ajit (In jail)
..vs..
State of Maharashtra, thr.P.S.O.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri S.V. Bhutada, Advocate for applicant/appellant.
Shri M.J. Khan, A.P.P. for non-applicant/State.
CORAM : VINAY JOSHI, J.
DATED : 28/10/2021
Stand over to 23.11.2021
CRIMINAL APPLICATION (APPA) NO.558 OF 2021
Heard.
2. This is an application for suspension of
execution of sentence passed in Sessions Trial No.329
of 2021. The Trial Court held the applicant/appellant -
Jyoti @ Jiya Ajit (accused no.2) guilty for the
offence punishable under Sections 381 and 420 of the
Indian Penal Code and sentenced to suffer rigorous
imprisonment for 5 years along with total fine of
Rs.10,000/- with default clause. It is submitted that
the applicant lady was working as a Staff Nurse in the
Hospital, who has allegedly stolen Remdesivir vial and
handed over to the co-accused. It is contended that
the Panchanama is suspicious as well as there is no
supporting material that Remedesivir vial were
missing from the Hospital. Some inconsistencies and
2 37 APPA 558.2021.2021
improbabilities of the evidence are pointed out.
3. Having regard to the submission and after
going through the impugned judgment and order, it
reveals that the contention requires consideration.
4. The applicant/appellant-lady was on bail
during trial and having regard to the nature of
accusation, there are no chances of repetition of
crime. Normally, when the accused is sentenced with
fixed terms of imprisonment, the Appellate Court to
suspend the execution of sentence unless exceptional
circumstances are made out. If on merits, the
appellant succeeds, then there would be irreversible
position about the period, which she has undergone.
Having regard to these facts, following order :
(a) The Criminal application stands allowed.
(b) The execution of substantive sentence passed
in Sessions Trial No.329 of 2021 by the
Additional Sessions Judge, Nagpur vide order
dated 04.09.2021 stands suspended till the
final disposal of appeal.
(c) In the meantime, the applicant/appellant -
Jyoti @ Jiya Uttamsingh Ajit be released on
bail on her furnishing P.R. bond of Rs.50,000/-
with one solvent surety in the like amount.
(d) The Trial Court shall ensure about the deposit
of fine amount before releasing the applicant/
appellant on bail.
JUDGE
