Madhya Pradesh High Court
Smt. Geeta Kushwah vs The State Of Madhya Pradesh on 4 June, 2021
Author: Sheel Nagu
1
The High Court of Madhya Pradesh
Cra -986-2021
(Smt. Geeta Kushwaha & Another Vs. State of M.P.)
Gwalior, dated :04/06/2021
Shri Arun Kumar Pateriya, Advocate for the appellant No.1.
Shri Devendra Choubey, learned Panel Lawyer, for respondent/State.
Learned counsel for the rival parties are heard.
I.A.13043/2021, first application for suspension of sentence moved
on behalf of appellant No.1-Geeta Kushwah u/Sec. 389(1) Cr.P.C. is taken
up and considered along with reply of the State.
This criminal appeal assails the judgment dated 30/12/2020 passed in
S.T. No.208/2018 by Additional Sessions Judge, Special Court No.3
(Electricity Act), Gwalior (M.P.), whereby appellant No.1- Geeta Kushwah
has been convicted as under : :-
Sections Imprisonment Fine
304-B of IPC 10 years' R.I. Rs.5,000/- with default
stipulation.
4 of Dowry Prohibition 01 years R.I. Rs.1,000/- with default
Act stipulation
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 bail is made out.
It is submitted that appellant No.1- Geeta Kushwah who happens to
be the mother-in-law of the deceased has suffered more than 3 years and 05
months of incarceration as against 10 years' RI awarded for the offence of
dowry death.
The decision of the Apex Court in the case of Kamal Vs. State of
Haryana reported in 2006(1) SCC(Cri) 757 has been pressed into service
which lays down that in matters where fixed period of sentence is awarded,
appellant can be released on bail after undergoing substantial period of
sentence. The ratio of the said judgment has been reiterated in Salim Javed
Vs. State of Rajasthan reported in 2006 (9) SCC 602. Hence, appellant
No.1- Geeta Kushwah can be released on bail after undergoing substantial
period of sentence.
Considering the substantial period of sentence suffered by the
appellant No.1-Geeta Kushwah and further looking to the fact that there is
no likelihood of early disposal of the appeal in near future and considering
the changed scenario in view of the Covid-19 pandemic, this Court is
inclined to grant bail to appellant No.1- Geeta Kushwah by way of
suspension of sentence.
Accordingly, without expressing any opinion on merits,
I.A.13043/2021 is allowed and it is directed that the jail sentence of
appellant No.1- Geeta Kushwah will remain under suspension subject to
verification that the amount of fine has been deposited, on the appellant's
furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with
two solvent sureties of the like amount to the satisfaction of concerned
available Magistrate for her appearance before the concerned available
Magistrate on 18/08/2021 and on such further dates as may be fixed by him
which shall be of frequency not less than once a year.
In case, appellant is found absent on any date fixed by the concerned
Magistrate then the said Magistrate shall be free to issue and execute
warrant of arrest for securing his presence without first referring the matter
to this Court, provided the Registry of this Court is kept informed.
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 the appellant during period of
suspension of sentence as a consequence of this order.
A copy of this order be sent to the Court concerned for information.
C.c as per rules.
(Sheel Nagu)
V. Judge
vpn
VIPIN KUMAR AGRAHARI
2021.06.05 11:12:43
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00'
+05'30'
