Madhya Pradesh High Court
Shaila Agrawal vs The State Of Madhya Pradesh on 13 July, 2021
Author: Sheel Nagu
1
THE HIGH COURT OF MADHYA PRADESH
CRA-4651-2018
(Shaila Agarwal & Another Vs. State of M.P.)
Gwalior, dt. :13/07/2021
Shri R.K. Shrivastava, learned counsel for the appellants.
Shri A.K. Nirankari, learned Public Prosecutor for the
respondent/State.
Learned counsel for rival parties are heard through Video
Conferencing.
This criminal appeal assails the judgment dated 07.05.2018 passed in
S.S.T.No.45/2017 by Special Judge, Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, Shivpuri (M.P.) whereby the appellant No.2-
Kedarnath Agrawal has been convicted as under. :-
Section Imprisonment Fine
376 (1) r/w 10 years R.I. Rs.2,000/- with default
Section 109 IPC stipulation
354 r/w. 2 years R.I. Rs.1000/- with default
Section 109 IPC stipulation
354 (d) r/w. 3 years R.I. Rs.1000/- with default
Section 109 IPC stipulation
376 (2) ¼x½ r/w. L.I. Rs.1000/- with default
Section 109 IPC stipulation
376 (2)¼?k½ r/w. L.I. Rs.1000/- with default
Section 109 IPC stipulation
376 (2) ¼>½ r/w. L.I. Rs.1000/- with default
Section 109 IPC stipulation
376 (2) ¼V½ r/w. L.I. Rs.1000/- with default
Section 109 IPC stipulation
376 (2) ¼<½ r/w. L.I. Rs.1000/- with default
Section 109 IPC stipulation
376 (1) r/w. 10 years R.I. Rs.2000/- with default
Section 109 IPC stipulation
354 r/w. Section 02 years R.I. Rs.1000/- with default
109 IPC stipulation
354 ¼d½ r/w. 03 years R.I. Rs.1000/- with default
Section 109 IPC stipulation
354 r/w. Section 02 years R.I. Rs.1000/- with default
109 IPC stipulation
354 ¼d½ r/w. 03 years R.I. Rs.1000/- with default
Section 109 IPC stipulation
506 (II) IPC r/w. 07 years R.I. Rs.1000/- with default
Section 109 IPC. stipulation
I.A.No.17803/2021, first application u/S.389(1) Cr.P.C. for grant of
suspension of sentence moved on behalf of appellant No.-2 Kedarnath
Agrawal is taken up and considered.
Learned counsel for the State opposed the appeal 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 suspension of sentence is made
out.
It is submitted by learned counsel for appellant that appellant No.2 -
Kedarnath Agarwal is aged about 83 years old and therefore, looking to the
present situation of Covid-19 pandemic, benefit of suspension of sentence
be granted to him.
Since the appellant No.2 - Kedarnath Agarwal is said to be aged more
than 70 years and therefore, 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) [In Reference (Suo Motu) Vs.
The State of M.P. & Ors.] entitling him the benefit of suspension of
sentence.
In view of above and the order passed by Apex Court in Suo Motu in
WP No.01/2020 passed on 07/05/2021 and looking to the second wave of
Covid-19 pandemic and to avoid congestion in jails which are hotbed for
spread of Covid-19 infection and also that there is no likelihood of early
disposal of appeal in near future, this Court, without entering into merits of
the case, is inclined to grant interim suspension of sentence to appellant
No.- Kedarnath Agarwal for a period of 90 days.
Accordingly, without expressing any opinion on merits, I.A.No.
17803/2021 is allowed and it is directed that appellant No.2 - Kedarnath
Agarwal be released on interim bail for a period of 90 (Ninety) days from
the date of release, subject to his 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 No.2 - Kedarnath Agarwal.
It is further directed that appellant No.2 - Kedarnath Agarwal shall
surrender before the concerned Magistrate immediately after expiry of 90
days.
The learned concerned 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 No.2 -
Kedarnath Agarwal during period of suspension of sentence as a
consequence of this order.
The intimation regarding surrender by appellant No.2 - Kedarnath
Agarwal 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 days (ninety days).
C.c as per rules.
(Sheel Nagu) (Anand Pathak)
Judge Judge
vpn
VIPIN KUMAR AGRAHARI
2021.07.14 10:19:20
VALSALA
VASUDEVAN
2018.10.26
+05'30'
15:14:29 -07'00'
