Madhya Pradesh High Court
Smt. Geeta Kushwah vs The State Of Madhya Pradesh on 27 April, 2021
Author: Sheel Nagu
1
The High Court of Madhya Pradesh
Cra -986-2021
(Smt. Geeta Kushwaha & Another Vs. State of M.P.)
Gwalior, dated : 27/04/2021
Shri Arun Kumar Pateriya, Advocate for the appellant No.2.
Shri K.S. Tomar, learned Public Prosecutor, for respondent/State.
Learned counsel for the rival parties are heard.
I.A.9540/2021, first application for suspension of sentence moved on
behalf of appellant No.2-Sunil u/Sec. 389(1) Cr.P.C. is taken up and
considered along with reply of the State.
This criminal appeal assails the judgment dated 30/12/2020 passed in
Special Case No.208/2018 by Special Judge (Atrocities) Gwalior, (M.P.),
whereby appellant No.2-Sunil has been convicted as under : :-
Sections Imprisonment Fine
304-B of IPC 10 years' R.I. Rs.5000/- with default
stipulation.
4 of Dowry Prohibition 01 years R.I. Rs.1000/- with default
Act stipulation
Learned counsel for the State opposed the appeal and prayed for its
rejection by contending that on the basis of the allegations and the material
available on record, no case for grant of bail is made out.
It is submitted that appellant No.2-Sunil who happens to be the
husband of the deceased has suffered more than 3 years and 7 months of
incarceration as against 10 years' RI awarded for the offence of dowry death.
The decision of the 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 ratio of the said judgment has been reiterated in Salim Javed Vs. State of
Rajasthan reported in 2006 (9) SCC 602. Hence, appellant No.2-Sunil can
be released on bail after undergoing substantial period of sentence
Considering the substantial period of sentence suffered by the appellant
No.2-Sunil and further looking to the fact that there is no likelihood of early
disposal of the appeal in near future and considering the changed scenario in
view of the Covid-19 pandemic, this Court is inclined to grant bail to
appellant No.2-Sunil by way of suspension of sentence.
Accordingly, without expressing any opinion on merits, I.A.9540/2021
is allowed and it is directed that the jail sentence of appellant No.2-Sunil 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 two solvent sureties of the like
amount to the satisfaction of concerned available Magistrate for his
appearance before the concerned available Magistrate on 18/08/2021 and on
such further dates as may be fixed by him which shall be of frequency not less
than once 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 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 Court concerned for information.
C.c as per rules.
(Sheel Nagu)
Judge
(suneel)
SUNEE Digitally signed by SUNEEL DUBEY
DN: c=IN, o=HIGH COURT OF
MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF
L
MADHYA PRADESH BENCH
GWALIOR, postalCode=474011,
st=Madhya Pradesh,
2.5.4.20=157244b0239a6fd662b29
b00a11fc66a5e160f585aa7a92425f
DUBEY
380d476b32818, cn=SUNEEL
DUBEY
Date: 2021.04.28 15:16:25 -07'00'
