Hukum Bai Kalkhor vs The State Of Madhya Pradesh
2021 Latest Caselaw 1105 MP

                                                          1                                 CRA-7646-2018
                               The High Court Of Madhya Pradesh
                                          CRA-7646-2018
                                       (HUKUM BAI KALKHOR Vs THE STATE OF MADHYA PRADESH)

                      28
                      Jabalpur, Dated : 26-03-2021
                              Shri Amit Jain, Advocate for the appellant.
                              Shri Ravindra Singh Rajput, P.L. for the respondent-State.

Record of the trial Court has been received. Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.4436/2021 (fourth application) an application for suspension of execution of sentence awarded to the appellant and grant of bail.

The details of earlier six applications are as under:-

1. On 03.07.2019---------Dismissed as withdrawn.

2. On 14.01.2020---------I.A. Allowed

3. On 07.11.2020---------I.A. allowed Vid e judgment dated 11.08.2018 in S.T. No. 82/2018 passed by learned 2nd Additional Sessions Judge, Raisen, Distt.-Raisen, M.P., the

appellant has been convicted for the offence punishable under Section 363 of IPC and has been sentenced to undergo R.I. for 5 years with a fine of Rs. 1,000/- and under Section 366-A of IPC and has been sentenced to undergo R.I. for 7 years with a fine of Rs.2,000/- and under Section 373 of IPC and has bewn sentenced to undergo R.I. for 7 years with a fine of Rs. 2,000/- with default stipulation in each.

As per prosecution case, complainant-Sita Bai has lodged a written complaint in Police Station-Sanchi by stating therein that she is the resident of Village-Gulgaon and her occupation is labour. Her brother-in-law Dharamraj and sister-in-law Beejobai took her minor daughter by saying that they will return her after one month. Complainant-Sita Bai and her son Rohit went to

Signature Not Dharamraj's house to bring her minor daughter where Dharamraj and co- SAN Verified

Digitally signed by ROSHNI SINGH PATEL Date: 2021.03.26 17:47:38 IST 2 CRA-7646-2018 accused used obscene language with complainant party and also committed marpeet with them and drove them away from the house. When complainant searched about her daughter then it came to their knowledge that Dharamraj and co-accused sold complainant's minor daughter to one Aakash, Sunil and present appellant. They pushed victim (daughter of complainant) in the business of prostitution. Police recovered the victim from the possession of

Hakam Bai. After the investigation, police has filed challan before the court below against the appellant and co-accused persons.

Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. It is further submitted that appellant is a lady. She is in jail since 20.01.2018. She has almost completed her 3 years two months of her jail sentence. There is no minimum sentence prescribed under Sections 366-A and 372 of IPC. This appeal is of year 2018 and trial will take time to conclude the same. There is fair chance to succeed in the appeal. There is no likelihood of her absconding and tampering with the evidence. Under the circumstances, if the sentence of the appellant is not suspended, her right to file appeal will be futile. Hence, prayer is made for execution of jail sentence of appellant and grant of bail to the appellant.

On the other hand, learned Panel Lawyer for the respondent/State opposes the submission of appellant's counsel and prays for rejection of application.

Heard and perused the record.

Having considered the arguments advanced by learned counsel for the parties and the facts that appellant is a lady and is in jail since 20.01.2018, she has completed her substantive jail sentence, this appeal is of year 2018, final hearing of this appeal will take time, but without commenting anything on the merit of the case, the said I.A. is allowed.

It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant-Hukum Bai shall remain suspended during the pendency of this appeal and she be released on Signature SAN Not Verified

Digitally signed by ROSHNI SINGH PATEL Date: 2021.03.26 17:47:38 IST 3 CRA-7646-2018 bail on her furnishing a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh Only) with two solvent sureties each of Rs.50,000/- to the satisfaction of the trial Court for her appearance before the trial court on 15.06.2021 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

I n case, the appellant is found absent on any date fixed by the trial court then the said court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.

Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following

direction to the jail authority:-

1. The Jail Authority shall ensure the medical examination of the appellant by the jail doctor before her release.

2 . The appellant shall not be released if she is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the appellant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing her in appropriate quarantine facility.

List this matter for final hearing in due course, as per listing policy.s C.C. as per rules.

                                                                 (RAJENDRA KUMAR SRIVASTAVA)
                                                                            JUDGE


                      R




Signature
 SAN      Not
Verified

Digitally signed by
ROSHNI SINGH
PATEL
Date: 2021.03.26
17:47:38 IST