Madhya Pradesh High Court
Smt. Girja Bai vs The State Of Madhya Pradesh on 17 August, 2021
Author: Sheel Nagu
1
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.1396/2019
(SMT. GIRJA BAI Vs. STATE OF MADHYA PRADESH)
Gwalior, dated: 17.08.2021
Shri Suresh Agrawal, learned counsel for the appellant.
Shri Rajesh Shukla, learned Dy. Advocate General, for the
respondent/State.
Heard on I.A.Nos.19170/2020 and 10192/2020,urgent
hearing applications. Both the applications are allowed.
I.A.No.19169/2020, an application for interim bail is
disposed of as not pressed.
Heard on IA.730/2020, first application u/Sec. 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on
behalf of appellant Smt. Girja Bai.
This criminal appeal assails the judgment dated 29.12.2018
passed in ST.No.43-2015 by First Additional Sessions Judge to the
Court of Additional Sessions Judge Sewda, District Datia (M.P.)
whereby appellant -Smt. Girja Bai has been convicted and
sentenced as under:-
Sections Imprisonment Fine
302/34 of IPC Life Imprisonment Rs.5,000/- with
default stipulation
It is submitted by the counsel for the appellant that appellant
is a lady aged about 34 years. She is in custody since 28.12.2018.
It is alleged that she remained under custody during trial from
20.03.2015 to 10.01.2016 and thereafter she was released on bail.
She has not misused the liberty granted to her on earlier occasion.
Appellant is having three children who are minors and there are
old parents to look after them. During this Covid Pandemic -19,
difficulty is being faced for household affairs. Appellant is the
first offender. Looking to the custody period as well as the fact
that she has not misused the liberty granted on earlier occasion,
she prays for grant of bail.
Per contra, State counsel has opposed the application stating
that there are specific allegations against the present applicant in
commission of offence. However, he could not dispute the fact
that appellant is the first offender. It is further submitted by the
State counsel that application of the other co-accused has already
been rejected by this Court in connected Criminal Appeal
No.1449/2019 on merits. He has prayed for dismissal of the
application.
Considering the over all facts and circumstances of the case
and without commenting on the merits of the case and considering
the fact that the appellant is a lady aged about 35 years coupled
with the fact that she is having minor children and also looking to
fact of the Covid -19 pandemic scenario, this Court deems it
appropriate to grant interim suspension of sentence to appellant
Girja Bai for a period of 90 days.
Accordingly, I.A.No.730/2021 is allowed to the extent of
interim suspension of sentence for a period of 90 days and it is
directed that appellant Girja Bai be released on interim-bail for a
period of 90 (Ninety) days from the date of her release, subject to
her furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand
Only) with one solvent surety of the like amount to the
satisfaction of concerned Magistrate provided that amount of the
fine has been deposited by appellant - Girja Bai.
It is further directed that appellant- Girja Bai shall surrender
before the concerned Magistrate immediately after expiry of 90
days.
The learned CJM/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- Girja Bai during period of suspension of
sentence as a consequence of this order.
The intimation regarding surrender by appellant - Girja Bai
be furnished to this Court by the concerned Magistrate.
A copy of this order be sent to the Court concerned for
information.
List the case 10 days before expiry of 90 (ninety days).
I.A.No.730/2020 stands disposed of.
C.c as per rules.
(Sheel Nagu) (Vishal Mishra)
Judge Judge
mani
SUBASRI MANI
2021.08.19
15:35:42
-07'00'
