Pawan Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 4999 MP

           HIGH COURT OF MADHYA PRADESH,
                 BENCH AT GWALIOR
                         Cr.A. No. 1218/2017
    ( Pawan Sharma & others Vs. The State of Madhya Pradesh)
                                     (1)

Gwalior, dated : 03/09/2021

        Shri Anand Purohit, Advocate for the appellant.

        Shri     Shiraz Kureshi, learned Public Prosecutor for the

respondent-State.

This criminal appeal assails the judgment dated 07/09/2017

passed in S.T. No.13/2014 by 3rd Additional Sessions judge, Morena

(M.P.), whereby appellant No.6 Sheela Sharma has been convicted

and sentenced as under with default stipulation :-

Sec Imprisonment Fine 302/149 of the IPC Life imprisonment Rs.1000/- with default stipulation 147 of the IPC Two Years RI Rs.500/- with default stipulation

I.A. No.26448/2021, fourth application under Section 389(1)

of the Cr.P.C has been filed on behalf of appellant No.6 Sheela

Sharma on the ground of age.

According to arrest memo the age of appellant No.6 Sheela

Sharma is 48 years. This Court had directed to consider the case of

appellant No.6 for parole vide order dated 23/07/2021. Medical

Officer, Central Jail, Gwalior (M.P.) vide letter dated 01/09/2021

has stated that Medical Board opined the age of appellant No.6

Sheela Sharma to be above 35 years. Medical Officer, Central Jail

Gwalior (M.P.) informs that for exact assessment of age of appellant

no.6, CT scan has been advised, the report of which is awaited.

There is no doubt that the age mentioned in the arrest memo

of appellant No.6 Sheela Sharma is above 48 years.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No. 1218/2017 ( Pawan Sharma & others Vs. The State of Madhya Pradesh)

Thus, in view of the above, the appellant No.6 falls within the

criteria laid down in para 15 (I) & (II) of the order passed by the

Coordinate Bench of this Court at Principal Seat, Jabalpur in W.P.

No.9320/2021(PIL) entitling her the benefit of suspension of

sentence.

Considering the fact that the appellant No.6- Sheela Sharma

was 48 years as reflected in the arrest memo and therefore, she

must now be more than 50 years, therefore, in view of order passed

by Apex Court in Suo Motu in WP 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 Principal seat at

Jabalpur, dated 10/05/2021 [WP.9320/2021-In Reference (Suo

Motu) Vs. The State of M.P. & Ors.] and looking to the second

waive of COVID-19 pandemic and to avoid congestion in jails

which are hotspots for spreading of infection and also that there is

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

without entering into merits of the case, is inclined to grant interim

suspension of sentence to appellant No.6 Sheela Sharma for a period

of 90 days.

Accordingly, without expressing any opinion on merits,

I.A.No. 26448/2021 is allowed and it is directed that appellant No.6

Sheela Sharma be released on interim bail for a period of 90

(Ninety) days from the date of release, subject to her furnishing bail

bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No. 1218/2017 ( Pawan Sharma & others Vs. The State of Madhya Pradesh)

solvent surety of the like amount to the satisfaction of concerned

Magistrate provided that amount of fine has been deposited by

appellant No.6 Sheela Sharma

It is further directed that appellant No.6 Sheela Sharma shall

surrender before the concerned Magistrate immediately after expiry

of 90 days.

The learned concerned CJM/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.6 Sheela Sharma during period of

suspension of sentence as a consequence of this order.

The intimation regarding surrender by appellant No.6 Sheela

Sharma be furnished to this Court by the concerned Magistrate.

List the case 10 days before expiry of 90 days (ninety days).

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

information.

Certified copy/e-copy as per rules/directions.

                        (Sheel Nagu)                     (S.A.Dharmadhikari)
                            Judge                             Judge
Prachi*

     PRACHI
     MISHRA
     2021.09.04
     11:51:27
     +05'30'