Madhya Pradesh High Court
Mamta Jatav vs The State Of Madhya Pradesh Thr on 27 February, 2021
Author: Sheel Nagu
1
The High Court of Madhya Pradesh
Cr.A.No.726/2017
Mamta Vs. State of M.P.
Gwalior dated 27.02.2021
Shri Raghuvir Singh and Shri Manas Dubey, learned counsel for
the appellant.
Shri R.P. Singh, learned Public Prosecutor for respondent/State.
Per Justice Pathak J:
IA.No.21129/2020 first application u/Sec. 389(1) Cr.P.C. for
suspension of sentence and grant of bail moved on behalf of appellant
-Mamta is taken up and considered.
This criminal appeal assails the judgment dated 28-04-2017
passed in ST.No.218/2015 by the First Additional Sessions Judge,
Morena (M.P.) whereby appellant has been convicted and sentenced as
under with default stipulation :-
Sections Imprisonment Fine
302/34 Life Imprisonment Rs.1,00,000/- with
default stipulation
It is submitted by learned counsel for the appellant that the trial
Court erred in convicting the appellant and awarding jail sentence. It
is further submitted that co-accused Pappu has been acquitted by the
trial Court on same set of facts and only distinction is that he deposed
himself before the trial Court as defence witness and therefore, he
was acquitted by the trial Court and convicted the present appellant.
Learned counsel for the appellant referred discussion surfaced in the
judgment of trial Court and different paras to submit that eye-witness
The High Court of Madhya Pradesh
Cr.A.No.726/2017
account of Smt. Saroj (PW-1) and her husband Virendra (PW-2) are
bit tentative and shaky, still the trial Court convicted the appellant
whereas prosecution did not prove the case beyond reasonable doubt.
She also suffered more than 6 years of incarceration. Thus, prayed for
grant of bail.
Learned counsel for the State opposed the application and
prayed for its rejection by contending that on the basis of the
allegations and the material available on record, no case for
suspension of sentence is made out.
Considering the above submissions and that there is no
likelihood of early disposal of the present appeal in the near future due
to ongoing Covid-19 pandemic crises and looking to the period of
custody, without entering into the merits of the matter, this Court is
inclined to grant bail to appellant by way of suspension of sentence.
Accordingly, without expressing any opinion on merits,
IA.No.21129/2020 is allowed and it is directed that the jail sentence of
appellant will remain under suspension subject to verification that the
amount of fine has been deposited, on appellant furnishing bail bond
of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent
surety of the like amount to the satisfaction of concerned Trial Court
for her appearance before the concerned Trial Court on 05.05.2021
and on such further dates as may be fixed by him which shall be of
frequency not less than once a year.
The High Court of Madhya Pradesh
Cr.A.No.726/2017
In case, appellant is found absent on any date fixed by the
concerned Trial Court then the said Trial Court shall be free to issue
and execute warrant of arrest for securing her presence without first
referring the matter to this Court, provided the Registry of this Court
is kept informed.
The learned concerned Trial Court 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.
The appellant as a Shiksha Swayamsewak shall render physical
and financial assistance to Govt. Primary School situated nearest to
her residence for ensuring hygiene and sanitation and for removing
deficiencies of infrastructural amenities in the said School from the
skill /resources of appellant. (vihykFkhZ ,d f'k{kk Lo;aLksod ds :i esa vius
fuokl ds fudV vofLFkr ljdkjh izkFkfed fo|ky; esa LoPNrk vkSj vkjksX; dks
lqfuf'pr djus ds fy, 'kkjhfjd ,oa foRrh; lgk;rk iznku djsxk rFkk vius dkS'ky o
lalk/kuksa ls mDr fo|ky; esa volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djsxhA).
The appellant after selecting a particular Govt. Primary School
shall inform about the same to the office of Gram Panchayat (in case
of rural area) and/or Ward Officer of the concerned ward (in case of
urban area), within whose territorial jurisdiction the said school is
The High Court of Madhya Pradesh
Cr.A.No.726/2017
situated. (vihykFkhZ ,d fof'k"V izkFkfed ljdkjh Ldwy dk p;u djus ds i'pkr~
blds ckjs esa xzke iapk;r ds dk;kZy; ¼xzkeh.k {ks= ds ekeys esa½ [email protected];k lEcaf/kr okMZ
ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys es½a ftlds {ks=kf/kdkj esa mDr Ldwy vofLFkr gS]
dks lwfpr djsxhA).
It will be joint responsibility of Sarpanch and Secretary of said
Gram Panchayat (in case of rural area) and/or Ward Officer of the
concerned ward (in case of urban area) to preserve the said
information provided by the appellant. (;g] lEcaf/kr okMZ ds okMZ vf/kdkjh
¼'kgjh {ks= ds ekeys es½a [email protected];k mDr xzke iapk;r ds ljiap vkSj lfpo ¼xzkeh.k {ks=
ds ekeys esa½ dh la;qDr ftEesnkjh gksxh fd] vihykFkhZ }kjk iznRr lwpuk dks lajf{kr
djssaA).
The Registry of this court shall communicate this order through
Legal Aid Officer, SALSA, Gwalior to the Collector, District
Education Officer, Block Education Officer of the district/block
concerned for information and compliance.
A copy of this order be supplied to the Legal Aid Officer,
SALSA, Gwalior who is directed to communicate this order to the
District Education Officer, Block Education Officer of the
district/block concerned to verify as to whether appellant has
complied with abovementioned condition or not and submit report
once every month.
In case report regarding abovementioned condition is not filed
or report is found to be wanting in any manner then Registry is
directed to list this matter as PUD before appropriate Bench.
The High Court of Madhya Pradesh
Cr.A.No.726/2017
A copy of this order be sent to the Trial Court of the concerned
district for compliance.
C.c. as per rules.
(Sheel Nagu) (Anand Pathak)
Judge Judge
Anil*
ANIL Digitally signed by ANIL KUMAR
CHAURASIYA
KUMAR
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH
COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474001,
CHAURASI st=Madhya Pradesh,
2.5.4.20=8512f40a1a9eaa50b6802d068
b51dae27e84c266b09d283f0799e67cdc
YA
7df50f, cn=ANIL KUMAR CHAURASIYA
Date: 2021.03.02 12:44:59 -08'00'
