Mithlesh vs The State Of Madhya Pradesh Thr
2021 Latest Caselaw 2451 MP

                                 1
                                                     Cr.A. No. 969/2016

               The High Court of Madhya Pradesh
                       Cr.A. No. 969/2016
                [ Smt. Mithlesh Vs. State of M.P.]


Gwalior dated 16.06.2021

      Shri A.K. Jain, learned counsel for the appellant.

      Shri R.K. Shukla, learned DAG for the respondent/State.

Heard through video conferencing.

IA.10101/2021, second repeat application u/Sec. 389(1)

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

behalf of appellant is taken up and considered. Earlier one was

dismissed on 23.09.2019 without being considered on merits

though after arguing for some time.

This criminal appeal assails the judgment dated 30.07.2016

passed in ST. No. 162/2015 by Additional Session Judge, Pichore,

District Shivpuri (M.P.) whereby appellant has been convicted and

sentenced as under with default stipulation :-

Sections Imprisonment Fine In lieu of fine amount 302 (two Life Rs.1000/- with Three months times) IPC Imprisonment 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

suspension of sentence is made out.

Learned counsel for the appellant contends that appellant

has suffered about six years of period of incarceration as against

Cr.A. No. 969/2016

LI awarded.

Prosecution story is found to be proved is that the appellant

had an argument and altercation with her husband on the issue of

eating food. During the said argument the appellant is said to have

taken both her children aged two years and four years with her

and jumped in the well. The children died due to downing,

whereas the appellant survived.

Considering the fact that impulse more than intent could

have been behind the incident and this Court also considering the

period of custody which is about six years and the appellant being

woman aged 27 years and that there is no likelihood of early

disposal of the present appeal in the near future due to ongoing

Covid-19 pandemic crises, without entering into the merits of the

matter, this Court is inclined to grant bail to appellant by way of

suspension of sentence.

Accordingly, without expressing any opinion on merits, IA.

No. 10101/2021 is allowed and it is directed that the jail sentence

of appellant will remain under suspension subject to verification

that the amount of fine has been deposited, on appellant

furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand

Only) with one solvent surety of the like amount to the

satisfaction of concerned available Magistrate for his appearance

before the concerned available Magistrate first on 10.08.2021 and

on such further dates as may be fixed by him which shall be of

frequency not less than once a year.

Cr.A. No. 969/2016

In case, appellant is found absent on any date fixed by the

concerned available 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 available 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 below for

compliance.

C.c. as per rules.

                     (Sheel Nagu)                    (Anand Pathak)
                       Judge                             Judge
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