Sonu Lodha vs The State Of Madhya Pradesh
2021 Latest Caselaw 3801 MP

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          THE HIGH COURT OF MADHYA PRADESH
                         Cr.A. No.1853/2018
                 Sonu Lodha & Ors. Vs. State of M.P.

Gwalior, Dated : 31.7.2021

      Matter is heard through video conferencing.

      Shri Rajmani Bansal, learned counsel for the appellant No.3.

      Shri Kaushlendra Singh Tomar, learned Public Prosecutor for

the respondent/State.

I.A.No.8220/2020, second repeat application u/Sec. 389(1) of

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

of appellant No.3- Guudi Bai after rejection of earlier one which was

dismissed as withdrawn vide order dated 11/4/2018, is taken up and

considered.

This criminal appeal assails the judgment dated 21/2/2018

passed in S.T. No.39/2017 by Second Additional Sessions Judge,

Guna, District Guna (M.P.) whereby appellant No.3-Guddi Bai has

been convicted and sentenced with default stipulations as under :-

      Sections       Imprisonment            Fine
      304-B      of Life imprisonment        Rs.5,000/-        with
      IPC                                    default stipulation
      498-A      of Three years              Rs.2,000/-        with
      IPC                                    default stipulation

Learned counsel for the appellant No.3-Guddi Bai submits that

the appellant has suffered incarceration of near about three years and

six months. It is further submitted that appellant No.3-Guddi Bai is

aged around 55 years and thus she falls within the criteria laid down in

para 15 (I)(ii) of the order dated 17/5/2021 passed by the Co-ordinate

Bench of this Court in the PIL at Principal Seat Jabalpur bearing no.

WP 9320/2021- In Reference (Suo Motu) Vs. The State of M.P. &

Ors. Therefore, appellant No.3 - Guddi Bai is entitled for temporary

suspension of jail sentence.

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.

Looking to the aforesaid and without entering into the merits of

the case, the application (I.A.No.8220/2020) stands allowed and it is

directed that appellant No.3-Guddi Bai 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. 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 of the appellant be furnished

to this Court by the concerned Magistrate.

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

                                         (Sheel Nagu)            (Rajeev Kumar Shrivastava)
                                            Judge                          Judge
pwn*
  Pawan Kumar
  2021.08.02 12:03:11 +05'30'