Rahul Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 2489 MP

                                      1               Cra 4602.2020

                 The High Court of Madhya Pradesh
                           Cra.4602.2020
         (Rahul Kushwah & another Vs. State of M.P.)
Gwalior dated 17.06.2021

      Shri Sushil Goswami, learned counsel for the appellants.

      Shri Rajesh Kumar Shukla, learned Dy. Advocate General

for the State.

      Heard through video conferencing.

      I.A.12388/2021, first application u/Sec. 389(1) of Cr.P.C.

for suspension of sentence and grant of bail moved on behalf of

appellant No.2-Rashmi is taken up and considered.

      On verification it was found vide letter dated 14-06-2021

(wrongly dated 14-06-2020) written by Superintendent, Central

Jail, Gwalior that appellant No.2 -Rashmi is in jail along with her

two years old son. Appellant No.2 -Rashmi therefore, falls within

the criteria laid down by the Division Bench of this Court at the

principal seat at Jabalpur dated 10.05.2021 [WP.9320/2021- In

Reference (Suo Motu) Vs. The State of M.P. & Ors.].

      This criminal appeal assails the judgment dated 28/2/2020

passed in S.T.21/2017 by Additional Sessions Judge, Datia (M.P.)

whereby appellant No.2 has been convicted and sentenced with

default stipulations as under :-

       Sections            Imprisonment              Fine
      302/34 IPC        Life Imprisonment    Rs.5,000/-        with
                                             default stipulation

      Learned counsel for the appellant submits that appellant

No.2 has suffered sufficient incarceration. It is further submitted
                                         2              Cra 4602.2020

that appellant No.2 is in jail along with her two years old son and

therefore looking to present situation of Covid-19 pandemic,

benefit of suspension of sentence be granted to him.

      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.

      After hearing learned counsel for rival parties without

entering into the merits of the case and in view of order passed by

Apex Court in Suo Motu in W.P.No.01/2020 passed on

07.05.2021

with regard to under trial prisoner and also in view of

the order passed by the Division Bench of this Court at the

principal seat at Jabalpur dated 10.05.2021 [WP.9320/2021- In

Reference (Suo Motu) Vs. The State of M.P. & Ors.], looking to

second wave of Covid-19 pandemic and to avoid congestion in

jails which are hotbed for spread of infection and also that there is

no likelihood of early disposal of appeal in near future, this Court

is inclined to allow I.A.12388/2021.

Accordingly, I.A.12388/2021 stands allowed and it is

directed that appellant No.2-Rashmi be released on interim bail

for a period of 90 (Ninety) days from the date of release, subject

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

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

satisfaction of concerned Magistrate provided that amount of fine

has been deposited by appellant No.2.

3 Cra 4602.2020

It is further directed that appellant No.2 shall surrender

herself before the concerned 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.2 during period of suspension of

sentence as a consequence of this order.

The intimation regarding surrender by appellant No.2 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
 Anil*

ANIL
KUMAR

Digitally signed by ANIL KUMAR CHAURASIYA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh,

CHAURASI 2.5.4.20=8512f40a1a9eaa50b6802d068b51dae27e84 c266b09d283f0799e67cdc7df50f, cn=ANIL KUMAR CHAURASIYA Date: 2021.06.18 08:39:25 -07'00'

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