Ghuman Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 2038 MP

                                           1

                    The High Court of Madhya Pradesh
                              CRA No.8751/2019
                 (Ghuman Singh & Anr. Vs. State of M.P.)
Gwalior, dated : 27/05/2021
     Shri A.S. Rathod, learned counsel for the appellants.

       Shri A.K. Nirankari, learned Public Prosecutor, for respondent/State.

Learned counsel for the rival parties are heard through Video Conferencing.

This criminal appeal assails the judgment dated 18/09/2019 passed in ST

No.18/2017 by Second Additional Judge, Ashoknagar to the Court of First

Additional Sessions Judge, district Ashoknagar (M.P.), whereby appellant No.2-

Rajkumari has been convicted as under : :-

Sections                     Imprisonment             Fine
302 of IPC                   Life Imprisonment.       Rs.3000/-      with      default
                                                      stipulation.

I.A.7091/2021, repeat application for interim interim suspension of sentence

(6 months) filed on behalf of appellant No.2-Rajkumari u/Sec. 389(1) Cr.P.C. is

taken up and considered along with reply of the State.

Learned counsel for the State opposed the appeal and prayed for its rejection

by contending that on the basis of the allegations and the material available on

record, no case for grant of bail is made out.

Learned counsel for appellants prays for release of appellant No.2-Rajkumari

on temporary bail by way of interim suspension of sentence for a period of 6 months

(180 days) on compassionate ground of appellant No.2-Rajkumari being in custody

with her two minor daughters aged about 3 years and 1½ years and that appellant

No.2-Rajkumari being pregnant with a certified date of expected delivery to be

12/08/2021. Documents in regard to pregnancy have been filed and appellant No.2-

Rajkumari had been released on temporary bail by way of interim suspension of

sentence earlier on the ground of being confined in jail.

In view of above and the directions given by the Division Bench of this Court

at Principal Seat, Jabalpur on 17/05/2021 in WP No.9320/2021(PIL) [In Reference

(Suo Motu) V/s The State of Madhya Pradesh & Others] and also looking to the

fact that appellant No.2-Rajkumari is pregnant, this Court, without entering into

merits of the matter, deems it appropriate to grant interim suspension of sentence to

appellant No.2-Rajkumari for a period of 6 months (180 days).

Accordingly, without expressing any opinion on merits of the matter,

I.A.7091/2021 is allowed and it is directed that the jail sentence of appellant No.2-

Rajkumari will remain under suspension subject to verification that the amount of

fine has been deposited, on the appellant's No.2-Rajkumari furnishing bail bond of

Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like

amount to the satisfaction of concerned available Magistrate provided that appellant

No.2-Rajkumari shall surrender herself to custody before the concerned available

Magistrate exactly on the date of expiry of period of interim suspension of sentence

i.e. 6 months (180 days) from the date of release.

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-Rajkumari during period of suspension of sentence

as a consequence of this order.

A copy of this order be sent to the Court concerned for information.

The intimation regarding surrender of appellant No.2-Rajkumari be furnished

to this Court by the concerned Magistrate.

Let the case be taken up in the first week of December, 2021.

C.c as per rules.

                          (Sheel Nagu)                            (Rajeev Kumar Shrivastava)
                            V.Judge                                        V. Judge

 (suneel)

             Digitally signed by SUNEEL DUBEY



SUNEEL
             DN: c=IN, o=HIGH COURT OF
             MADHYA PRADESH BENCH
             GWALIOR, ou=HIGH COURT OF
             MADHYA PRADESH BENCH
             GWALIOR, postalCode=474011,


DUBEY
             st=Madhya Pradesh,
             2.5.4.20=157244b0239a6fd662b29b
             00a11fc66a5e160f585aa7a92425f38
             0d476b32818, cn=SUNEEL DUBEY
             Date: 2021.05.29 14:01:30 -07'00'