Shaila Agrawal vs The State Of Madhya Pradesh
2021 Latest Caselaw 2148 MP

                                              1              CRA-4651-2018

              THE HIGH COURT OF MADHYA PRADESH

                             CRA-4651-2018
               (Shaila Agrawal & Another Vs. The State of M.P.)

Gwalior, dated: 07.06.2021

         Shri Rajkumar Shrivastava, learned counsel for appellants.

         Shri Rajesh Shukla, learned Deputy Advocate General for

respondent.

Heard through video conferencing.

I.A.No.14430/2020, 1st application u/S. 389 (1) Cr.P.C. for

suspension of sentence moved on behalf of appellant No.1-Shaila

Agrawal is considered.

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 whereby the

appellant No.1-Shaila Agrawal has been convicted as under. :-

             Section          Imprisonment        Fine
        376 (1) r/w          10 years R.I.        Rs.2000/- with   default
        Section 109 IPC                           stipulation
        354 r/w Section      2 years R.I.         Rs.1000/- with   default
        109 IPC                                   stipulation
        354 ¼d½      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
                                              2              CRA-4651-2018

        354 r/w. Section    2 years R.I.         Rs.1000/- with   default
        109 IPC                                  stipulation
        354 ¼d½      r/w.   3 years R.I.         Rs.1000/- with   default
        Section 109 IPC                          stipulation
        354 r/w. Section    2 years R.I.         Rs.1000/- with   default
        109 IPC                                  stipulation
        354 ¼d½      r/w.   3 years R.I.         Rs.1000/- with   default
        Section 109 IPC                          stipulation
        506 (II) IPC        7 years R.I.         Rs.1000/- with   default
                                                 stipulation

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 grant of bail is made out.

Learned counsel for the appellants submits that appellant No.1

is a woman aged about 54 years, and therefore, falls in the category of

female prisoners who are more than the age of 45 years laid down by the

Division Bench of this Court at the principal seat at Jabalpur vide order

dated 10.05.2021 in WP.9320/2021- In Reference (Suo Motu) Vs. The

State of M.P. & Ors.

Considering the above and the second wave of Covid-19

pandemic and that there is no likelihood of early disposal of appeal in

near future and the order of the division Bench of this Court at principal

seat in W.P. No.9320/2021 and to avoid congestion in jails which are

hotspots for spread of infection, without entering into merits of the matter,

I.A.14430/2020 is allowed and it is directed that appellant No.1 - Shaila

Agrawal be released on interim bail for a period of 90 (Ninety) days

from the date of release, on her furnishing bail bond of Rs.50,000/-

(Rupees Fifty Thousand Only) with one solvent surety of the like 3 CRA-4651-2018

amount to the satisfaction of concerned available Magistrate subject to

verification that amount of fine has been deposited by appellant No.1. It is

further directed that appellant No.1 shall surrender herself before the

concerned available 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

No.1 during period of suspension of sentence as a consequence of this

order.

The intimation regarding surrender by appellant No.1 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)                             (Anand Pathak)
                                                                 Judge                                      Judge


         Aman

Aman
           Digitally signed by Aman Tiwari
           DN: c=IN, o=High Court Of Madhay
           Pradesh Bench Gwalior, ou=all,

2.5.4.20=70c6eef55d043fbd523acacb7d1ef

Tiwari 4b0609a37510b8e1527bc41da9009c41f72, postalCode=474011, st=MADHYA PRADESH, cn=Aman Tiwari Date: 2021.06.09 13:17:24 +05'30'