Madhya Pradesh High Court
Gayatri Devi vs The State Of Madhya Pradesh on 14 June, 2021
Author: Sheel Nagu
1 CRA-3192-2021
THE HIGH COURT OF MADHYA PRADESH
CRA-3192-2021
(Gayatri Devi Vs. The State of M.P.)
Gwalior, dated: 14.06.2021
Shri Atul Gupta, learned counsel for the appellant.
Shri A.K. Nirankari, learned Public Prosecutor for
respondent/State.
Heard through video conferencing.
IA 15533/2021 for condonation of delay of 7053 days is taken up
and considered.
After hearing learned counsel for rival parties, it is seen from the
record that co-convicted person Jagroop Singh who is the husband of present
appellant was convicted by the trial Court on 13.11.2000 in S.T.
No.283/1999 which was challenged in Criminal Appeal No. 132/2001 before
this Court and which in turn culminated into passing of judgment of acquittal
by this Court on 06.07.2010.
The present appellant who was absconding since 1999 i.e. about
22 years and has recently surrendered about 3 months back and has thus
preferred this appeal citing judgment of acquittal passed in favour of her
husband.
Though the period of delay is as long as 7053 days but a life
sentence awarded cannot be allowed to remain unchallenged as by doing so
the right to life and personal liberty gets seriously prejudiced. When a
fundamental right is seriously prejudiced and the person so adversely
affected has a remedy available in law then obstacle of limitation can not
stand in the way.
2 CRA-3192-2021
Accordingly, this Court deems it appropriate to allow IA
15533/2021 for condonation of delay of 7053 days in preferring this appeal.
Appeal being arguable is admitted for hearing.
Record in the connected criminal appeal 132/2001 is already
tagged.
This criminal appeal assails the judgment dated 13.11.2000 passed
in S.T. No.283/1999 by IInd Additioanl Sessions Judge Ashoknagar (M.P.)
whereby appellant-Gayatri Devi has been convicted as under :-
Section Imprisonment Fine
364 A/34 of IPC L.I. Rs.1000/- with default
stipulation
So far as IA 15344/21, an application for suspension of sentence
moved on behalf of appellant-Gayatri Devi is concerned, this Court though
declines grant of bail on merits but in view of criteria laid down by division
Bench of this Court in order dated 10.05.2021 [WP 9320/2021- In
Reference (Suo Motu) Vs. The State of M.P. & ors.] especially Para
15(I) and (II) and appellant being a female who is more than 45 years of
age, this Court is inclined to grant temporary suspension of sentence to the
appellant for a period of 90 days.
Accordingly, it is directed that the jail sentence of appellant will
remain suspended temporarily for a period of 90 (ninety) days from the
date of release 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 provided that appellant-
Gayatri Devi shall surrender herself to custody before the concerned
3 CRA-3192-2021
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 appellant be furnished to
this Court by the concerned Magistrate.
Accordingly, IA 15344/21 stands disposed of.
List the case ten days before expiry of 90 days.
C.c. as per rules.
(Sheel Nagu) (Anand Pathak)
Judge Judge
ojha
YOGENDR
A OJHA
2021.06.1
6 11:22:09
+05'30'
