Smt. Bhagwati @ Baggo vs The State Of Madhya Pradesh
2021 Latest Caselaw 4050 MP

          HIGH COURT OF MADHYA PRADESH,
                BENCH AT GWALIOR
                        Cr.A. No.9598/2018
   (Smt. Bhagwati @ Bhaggo Vs. The State of Madhya Pradesh)
                                  (1)

Gwalior, dated : 06.08.2021

       Heard through Video Conferencing.

       Shri Arun Kumar Barua, Advocate for the appellant.

       Shri Avneesh Singh, Panel Lawyer for the respondent/State.

Shri D.R. Sharma, Advocate for the complainant.

I.A. No.17127/2021, an application for urgent hearing, is

taken up, considered and allowed for the reasons mentioned therein

This criminal appeal assails the judgment dated 21.08.2018

passed in S.T. No.366/2015 by Additional Sessions Judge, Special

Court No.3 (Electricity Act), Gwalior (M.P.), whereby appellant has

been convicted and sentenced as under with default stipulation :-

       Sec          Imprisonment                     Fine
302 of IPC         Life                 Rs.2000/- with default
                   imprisonment         stipulation

I.A. No.7516/2020 has been filed seeking temporary

suspension of sentence and grant of bail on behalf of the sole

appellant. The ground taken is that the appellant is a woman and

aged about more than 60 years.

Learned counsel for the State opposed the prayer 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.

Heard learned counsel for the rival parties and perused the

materials available on record.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.9598/2018 (Smt. Bhagwati @ Bhaggo Vs. The State of Madhya Pradesh)

In view of above and the directions given by the Division

Bench of this Court at Principal Seat, Jabalpur on 17/05/2021 in WP

No.9320/2021(PIL) [In Reference (Suo Motu) V/s The State of

Madhya Pradesh & Others, this Court, without entering into merits

of the matter, deems it appropriate to grant interim suspension of

sentence to appellant- Smt. Bhagwati @ Bhaggo for a period of 90

days (Ninety Days).

Accordingly, without expressing any opinion on merits of the

matter, I.A.7516/2021 is allowed and it is directed that the jail

sentence of appellant- Smt. Bhagwati @ Bhaggo will remain under

suspension temporarily for a period of 90 days, 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 one solvent surety of the like amount to the

satisfaction of concerned available Magistrate provided that

appellant shall surrender herself to custody before the concerned

Magistrate immediately after expiry of 90 days.

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 appellant during period of suspension of sentence as a

consequence of this order.

The intimation regarding surrender of the appellant be HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.9598/2018 (Smt. Bhagwati @ Bhaggo Vs. The State of Madhya Pradesh)

furnished to this Court by the concerned Magistrate.

List the case 10 days before expiry of 90 days (ninety days.)

C.c as per rules.

                            (Sheel Nagu)                     (S.A.Dharmadhikari)
                               Judge                             Judge
Shanu
    Digitally signed by
    SHANU RAIKWAR
    Date: 2021.08.06
    18:11:14 +05'30'