Madhya Pradesh High Court
Meena Dangi vs State Of M.P. on 12 March, 2021
Author: Sheel Nagu
1 CRA-1069-2013
The High Court of Madhya Pradesh
CRA-1069-2013
[Meena Dangi and Anr. Vs. State of M.P.]
Gwalior dated:12.03.2021
Shri Sarvendra Kumar Singh, learned counsel for the appellant
No.1.
Shri Rajesh Shukla, learned Dy. Advocate General for
respondent/State.
IA.18713/2020 fifth repeat application u/Sec.389(1) Cr.P.C. for
suspension of sentence and grant of bail moved on behalf of appellant
No.1- Meena Dangi, is taken up and considered.
This criminal appeal assails the judgment dated 14.11.2013 passed
in S.T.No.338/2012 by Additional Sessions Judge, Ganjbasoda, District
Vidisha whereby appellant No.1 has been convicted and sentenced as
under with default stipulation :-
Sections Imprisonment Fine
302/34 IPC L.I. Rs.100/-with default
stipulation
201/34 IPC (Part-II) 3 Years' R.I. Rs.100/-with 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.
Appellant is a woman aged about 45 years and has suffered about
eight years and six months of incarceration as against life imprisonment
where she was found guilty of conspiracy with other co-convicted person
2 CRA-1069-2013
of murdering her husband.
This Court has though earlier considered the merits of the matter
on 13.09.2019 but the appellant who is a woman aged about 45 years has
suffered another one and half year of incarceration after rejection of last
application for suspension of sentence.
In view of above and considering the fact that appellant is a woman
aged about 45 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 No.1-Meena Dangi by way of suspension of
sentence.
Accordingly, without expressing any opinion on merits,
IA.18713/2020 is allowed and it is directed that the jail sentence of
appellant No.1-Meena Dangi 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
Trial Court for her appearance before the concerned Trial Court on
05.05.2021 and on such further dates as may be fixed by him which shall
be of frequency not less than once a year.
In case, appellant is found absent on any date fixed by the
concerned Trial Court then the said Trial Court shall be free to issue and
execute warrant of arrest for securing her presence without first referring
the matter to this Court, provided the Registry of this Court is kept
informed.
3 CRA-1069-2013
The learned concerned Trial Court 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.
The appellant has gracefully agreed to act as a Shiksha
Swayamsevak by rendering physical and financial assistance to
government primary school situated nearest to residence of appellant for
ensuring hygiene and sanitation and for removing deficiencies of
infrastructural amenities in the said school from the skill/resources of the
appellant. [vihykFkhZ us ,d f'k{kk Lo;alsod ds :i esa vius fuokl ds fudV vofLFkr
ljdkjh izkFkfed fo|ky; esa LoPNrk vkSj vkjksX; dks lqfuf'pr djus ds fy, 'kkjhfjd ,oa
foRrh; lgk;rk iznku djus ,oa vius dkS'ky o lalk/kuksa ls mDr fo|ky; esa
volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djus dh LosPN;k lgefr iznku dh gSAa ]
The appellant after selecting a particular Govt. Primary School
shall inform about the same to the office of Gram Panchayat (in case of
rural area) and/or Ward Officer of the concerned ward (in case of urban
area), within whose territorial jurisdiction the said school is situated.
[vihykFkhZ ,d fof'k"V izkFkfed ljdkjh Ldwy dk p;u djus ds i'pkr~ blds ckjs esa xzke
iapk;r ds dk;kZy; ¼xzkeh.k {ks= ds ekeys esa½ [email protected];k lEcaf/kr okMZ ds okMZ vf/kdkjh
¼'kgjh {ks= ds ekeys esa½ ftlds {ks=kf/kdkj esa mDr Ldwy vofLFkr gS] dks lwfpr djsxkA].
It will be joint responsibility of Sarpanch and Secretary of said
Gram Panchayat (in case of rural area) and/or Ward Officer of the
concerned ward (in case of urban area) to preserve the said information
provided by the appellant. [;g lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys
4 CRA-1069-2013
esa½ [email protected];k mDr xzke iapk;r ds ljiap vkSj lfpo ¼xzkeh.k {ks= ds ekeys esa½ dh la;qDr
ftEesnkjh gksxh fd] vihykFkhZ }kjk iznRr lwpuk dks lajf{kr djsA].
The Registry of this Court shall communicate this order through
Legal Aid Officer, SALSA, Gwalior to the Collector, District Education
Officer, Block Education Officer of the district/block concerned for
information and follow up.
A copy of this order be supplied to the Legal Aid Officer, SALSA,
Gwalior who is directed to communicate this order to the District
Education Officer, Block Education Officer of the district/block
concerned who in turn shall encourage the appellant to indulge in
community service as aforesaid.
In view of above, I.A.5282/2020, IA No.5136/2021, applications
for urgent hearing, IA No.19672/2020-an application 389(1) for
suspension of sentence, IA No.18716/2020 & IA No.19674/2020-,
applications for interim bail stand dismissed having become
infractuous.
A copy of this order be sent to the Court concerned for information.
C.c as per rules.
(Sheel Nagu) (S.A. Dharmadhikari)
Judge Judge
vpn
VIPIN KUMAR
AGRAHARI
2021.03.15
10:54:58 +05'30'
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00'
