Smt. Laxmi Bai @ Munni Bai vs The State Of Madhya Pradesh
2021 Latest Caselaw 2342 MP

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            The High Court Of Madhya Pradesh
                      CRA-1637-2020
   (SMT. LAXMI BAI @ MUNNI BAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated:-14/06/2021
      Heard through Video Conferencing.

      Shri D.S. Rajawat, learned counsel for the appellants.

      Shri      Santosh   Sharma,     learned   Panel   Lawyer     for      the

respondent/State.

Heard on I.A.No.25209/2020, first application under Section

389(1) of Cr.P.C. for suspension of jail sentence on behalf of the

appellant No.2-Raju.

Also heard on I.A.No.22936/2020, first application under

Section 389(1) of Cr.P.C. for suspension of jail sentence on behalf of

the appellant No.3-Rajesh Kushwah.

This criminal appeal has been filed against the judgment dated

03.12.2019 passed by 10th Additional Sessions Judge, Gwalior,

District Gwalior in ST No.340/2017.

The appellants have been convicted and sentenced as under:-

Section             Sentence           Fine               In        default
                                                          stipulation
372 of I.P.C.       7 years of R.I.    Rs.2000/-          Six months R.I.
370(4) of I.P.C. 10 years of R.I. Rs.5000/-               One year R.I.

Learned counsel for the appellants have submitted that there are

first applications under Section 389(1) of Cr.P.C for suspension of

sentence.

It is submitted by learned counsel for the appellants that the

The High Court Of Madhya Pradesh CRA-1637-2020 (SMT. LAXMI BAI @ MUNNI BAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

appellants are in custody since last more than three years. It is further

submitted that due to present situation of COVID-19 pandemic, there

is no possibility of early disposal of this appeal. Therefore, prays to

suspend the jail sentence of appellants and grant their bail. He further

undertakes to abide by all the terms and conditions of guidance,

circulars and directions issued by Central Government, State

Government as well as Local Administration regarding measures in

respect of COVID-19 Pandemic and maintain hygiene in the vicinity

while keeping physical distancing.

Learned Panel Lawyer for the State has opposed the application

and submitted that there is specific allegation against the present

appellants. Hence, no case for grant of interim bail by way of interim

suspension of jail sentence of the appellants are made-out. Hence,

prays for rejection of these applications.

Heard learned counsel for the parties and perused the material

documents available on record.

Considering the facts and circumstances of the case as well as

custody period of the appellants and looking to the present COVID-19

condition, without commenting on merits of the case, the applications

(I.A.No.25209/2020 and I.A.No.22936/2020) are allowed and it is

hereby directed that the appellants shall be released on bail for a

temporary period of 60 days from the date of their release on their

The High Court Of Madhya Pradesh CRA-1637-2020 (SMT. LAXMI BAI @ MUNNI BAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only)

each with one solvent surety of the like amount to the satisfaction of

the concerned trial Court. The appellants shall surrender before the

trial Court immediately after completion of 60 days. The intimation

regarding surrender of the appellants be furnished to this Court. In

case of failure to comply the order, this bail order shall automatically

stand cancelled.

In view of COVID-19 pandemic, the Jail Authorities are

directed that before releasing the appellant, their Corona Virus test

shall be conducted and if it is found negative, then the concerned local

administration shall make necessary arrangements for sending the said

appellants to their house, and if the tests are found positive then the

appellants shall be immediately sent to concerning hospital for their

treatment as per medical norms. If the appellants are fit for release and

if they are in a position to make their personal arrangements, then they

shall be released. After release, the appellants are further directed to

strictly follow all the instructions which may be issued by the Central

Govt./State Govt. or Local Administration for combating the Covid-

19. If it is found that the appellant has violated any of the instructions

(whether general or specific) issued by the Central Govt./State Govt.

or Local Administration, then this order shall automatically lose its

effect, and the Local Administration/Police Authorities shall

The High Court Of Madhya Pradesh CRA-1637-2020 (SMT. LAXMI BAI @ MUNNI BAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

immediately take them in custody and would send her to the same jail

from where they were released.

The appellants are further directed to inform the SHO of

concerned police station about their residential address in the said area

and it would be the duty of the Public Prosecutor to send E-copy of

this order to SHO of concerned police station for information.

List the case for final hearing in due course.

E- copy of this order be sent to the Court below concerned for

compliance.

Certified copy/ e-copy as per rules/directions.

(Rajeev Kumar Shrivastava) Judge Monika

MONIKA SHARMA 2021.06.15 12:21:37 +05'30'