Santosh vs The State Of Madhya Pradesh
2021 Latest Caselaw 3988 MP

                                    1
          The High Court Of Madhya Pradesh
                     CRA-621-2019
           (SANTOSH AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated:-05/08/2021
       Heard through Video Conferencing.

       Shri Nitin Agarwal, learned counsel for appellant No.2-Geeta

Bai.

       Shri Deepak Shrivastava, learned counsel for appellant No.3-

Mohar Singh.

       Shri R.S. Kushwah, learned Deputy Advocate General for the

respondent/State.

I.A.No.20626/2021, an application for urgent hearing is taken

up, considered and allowed for the reasons mentioned therein.

At the very outset, learned counsel for appellant No.3-Mohar

Singh seeks and is permitted to withdraw I.A. No. 9776/2020, which

is repeat application for suspension of sentence on behalf of appellant

No.3-Mohar Singh.

Accordingly, I.A.No.9776/2020 stands dismissed as withdrawn.

Also heard on I.A.No.20625/2021, which is fourth application

filed under Section 389(1) of Cr.P.C. on behalf of appellant No.2-

Geeta Bai for suspension of her jail sentence.

Vide judgment dated 31/12/2018 passed by the Second

Additional Sessions Judge, Ashoknagar to the Court of First

Additional Sessions Judge, Ashoknagar, District Ashoknagar (M.P.) in

The High Court Of Madhya Pradesh CRA-621-2019 (SANTOSH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

ST No.64/2009 appellant No.2 has been convicted and sentenced as

under:

Section              Sentence           Fine              In        default
                                                          stipulation
194 of I.P.C.        10 years of R.I. Rs.1000/-           three     months
                                                          R.I.

It is submitted by learned counsel for the appellant No.2-Geeta

Bai the the appellant No.2-Geeta Bai is a lady aged around 55 years.

This Court had earlier temporarily suspended the jail sentence of

appellant No.2 for a period of 60 days vide order dated 05/12/2020

and she has not misused the liberty of temporary suspension so

granted to her. It is further submitted that the fine amount has already

been deposited. Appellant No.2-Geeta Bai is still suffering from

medical ailments. In support of aforesaid arguments, learned counsel

for the appellant No.2 has filed medical documents. Learned counsel

for the applicant relied upon the judgment passed by the Division

Bench at Principal Seat, Jabalpur in W.P.No.9320/2021 (In

reference Suo Motu Vs. State of M.P.). Learned counsel for the

appellant further submits that hearing of this appeal shall take

considerably long time. Under these circumstances, he prayed to

suspend the jail sentence of the appellant No.2-Geeta Bai for a period

of 90 days.

On the other hand, learned State Counsel vehemently opposed

The High Court Of Madhya Pradesh CRA-621-2019 (SANTOSH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

the same and has submitted that the date of judgment is 31/12/2018

and custody period is very short i.e., around 2 ½ years. Considering

the nature of offence which has been committed by appellant No.2-

Geeta Bai, prayed for dismissal of the application for suspension of

sentence.

Heard learned counsel for the parties at length and perused the

documents available on record.

On perusal of record, it is apparent that though appellant No.2-

Geeta Bai is suffering from medical ailment but doctor has not

specified that Geeta Bai is suffering from any serious ailment.

Therefore, considering the aforesaid facts and circumstances of the

case, I am not inclined to grant bail to the appellant No.2-Geeta Bai

by way of suspension of jail sentence.

Accordingly, I.A.No.20625/2021 stands rejected.

(Rajeev Kumar Shrivastava) Judge Monika Digitally signed by MONIKA SHARMA DN: c=IN, o=HIGH COURT OF

MONIKA MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya

SHARMA Pradesh, 2.5.4.20=1cbbae26c87c00013f504674 8e62527c7ddf7dd9146694af9eed96f 47a359612, cn=MONIKA SHARMA Date: 2021.08.06 11:04:37 +05'30'