Manglabai vs The State Of Madhya Pradesh
2021 Latest Caselaw 2601 MP

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  HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
             CRIMINAL APPEAL NO.1006 OF 2017
              (Manglabai vs The State of Madhya Pradesh)

Indore, Dated 22.06.2021
     Arguments heard through Video Conferencing.
     Mr. Rakesh Vyas, learned counsel for the appellant.
     Mr. Amit Singh Sisodiya, learned public prosecutor for the
respondent/State.
                                ORDER

Per Shailendra Shukla, J:

Heard on IA No.1686/2021 which is an application for urgent hearing of the case.

Keeping in view the reasons mentioned in the application, the application for urgent hearing stands allowed. Accordingly, IA No.1686/2021 stands disposed of.

Also heard on IA No.1684/2021 which is sixth repeat application filed under Section 389 of Code of Criminal Procedure, 1973 seeking suspension of sentence of appellant Manglabai W/o Late Shankarsingh Pawar who has been convicted by Special Judge, NDPS Act, 1985, Ujjain, in Special Case No.09/2014 vide judgment dated 17.05.2017 and sentenced him as under:-

              Conviction                            Sentence
     Section & Act    Imprisonment       Fine Amount     Imprisonment
                                                          in lieu of fine
     U/s 8/21(C) of    14 years RI       Rs.1,00,000/-    02 years RI.
    NDPS Act, 1985

In this application, temporary suspension has been sought for a period of six months owing to appellant suffering from cancer of chest and throat. It has been submitted that previously also such temporary application has been allowed

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL APPEAL NO.1006 OF 2017 (Manglabai vs The State of Madhya Pradesh)

and the appellant has not misused the liberty given to her. It is also submitted that appellant needs assistance of a family member for feeding etc due to cancer of throat and hence, temporary suspension has been sought.

Learned counsel for the State has read over the latest medical report of the present appellant affirming her afflication with cancer disease in which she has been advised to undergo chemotherapy treatment.

Considered.

After due consideration of the aforesaid facts and circumstances and in view of latest medical report of appellant, the application-IA No.1684/2021 of temporary jail sentence for a period of three months (90 days) is being allowed.

The appellant-Manglabai is directed to be released on temporary bail for a period of three months (90 days) subject to her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one local solvent surety of like amount to the satisfaction of Trial Court/Committal Court. The appellant-Manglabai shall surrender before the learned trial Court on the expiry of Ninety Days from the date of her release. Accordingly, IA No.1684/2021 stands disposed of.

Record has been received.

List the appeal for final hearing in due course. Certified copy as per Rules.

                (SUJOY PAUL)                           (SHAILENDRA SHUKLA)
                  JUDGE                                      JUDGE

    Arun/-

Digitally signed by
ARUN NAIR
Date: 2021.06.23
11:21:16 +05'30'

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL APPEAL NO.1006 OF 2017 (Manglabai vs The State of Madhya Pradesh)