Smt. Kalawati vs The State Of Madhya Pradesh Thr
2021 Latest Caselaw 3130 MP

                                       1               Cra.1345.2016

              The High Court of Madhya Pradesh
                           Cra.1345.2016
                 (Smt. Kalawati Vs. State of M.P.)
Gwalior dated 09.07.2021

      Shri Rishikesh Bohare, learned counsel for appellant.

      Shri Manish Nayak, learned Panel Lawyer for the State.

      Heard through video conferencing.

      I.A.17880/2021, seventh repeat application u/Sec. 389(1) of

Cr.P.C. for suspension of sentence and grant of bail moved on

behalf of sole appellant after rejection of earlier ones on merits is

taken up and considered.

      This criminal appeal assails the judgment dated 24/11/2016

passed in ST 21/2016 by Third Additional Sessions Judge, Guna

District Guna (M.P.) whereby appellant has been convicted and

sentenced with default stipulations as under :-

      Sections             Imprisonment                Fine
      498-A IPC        3 years R.I.           Rs. 500- with default
                                              stipulation.
      302 IPC           L.I.                  Rs.1,000/-        with
                                              default stipulation.
      201 IPC          3 years R.I.           Rs. 500- with default
                                              stipulation.

      Learned counsel for the appellant submits that appellant has

suffered incarceration of near about 5 years R.I. Including pre &

post conviction period as against LI awarded. It is further

submitted that appellant is aged 45 years and thus she falls within

the criteria laid down in para 15 (I) & (II) of the order passed by

the Coordinate Bench of this Court at Principal Seat, Jabalpur in

W.P. No.9320/2021(PIL) entitling her the benefit of suspension of
                                        2               Cra.1345.2016

sentence. Therefore looking to present situation of Covid-19

pandemic, it is prayed that benefit of suspension of sentence be

extended to appellant.

      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.

      After hearing learned counsel for rival parties without

entering into the merits of the case and in view of order passed by

Apex Court in Suo Motu in W.P.No.01/2020 passed on

07.05.2021

with regard to under trial prisoner and also in view of

the order passed by the Division Bench of this Court at the

principal seat at Jabalpur dated 10.05.2021 [WP.9320/2021- In

Reference (Suo Motu) Vs. The State of M.P. & Ors.], looking to

second wave of Covid-19 pandemic and to avoid congestion in

jails which are hotbed for spread of infection and also that there is

no likelihood of early disposal of appeal in near future, this Court

is inclined to allow I.A.17880/2021.

Accordingly, I.A.17880/2021 stands allowed and it is

directed that appellant be released on interim bail for a period of

90 (Ninety) days from the date of 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 fine

has been deposited by appellant.

3 Cra.1345.2016

It is further directed that appellant shall surrender herself

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 by appellant be

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
                             (Bu)
          Digitally signed by DHANANJAY


DHANAN
          BUCHAKE
          DN: c=IN, o=HIGH COURT OF
          MADHYA PRADESH BENCH GWALIOR,
          ou=HIGH COURT OF MADHYA


JAY
          PRADESH BENCH GWALIOR,
          postalCode=474001, st=Madhya
          Pradesh,

2.5.4.20=6489e9ca230b3031a4b44a6

BUCHAKE 21934281f589875c02fb2a20e4220ae bc8a3ba7ec, cn=DHANANJAY BUCHAKE Date: 2021.07.10 10:42:38 +05'30'