Smt. Alsa Bai Kanjar vs The State Of Madhya Pradesh
2021 Latest Caselaw 5057 MP

                                                                       CRA-10813-2019

                           The High Court Of Madhya Pradesh
                                    CRA-10813-2019
                      (SMT. ALSA BAI KANJAR Vs THE STATE OF MADHYA PRADESH)


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         Gwalior, Dated : 06-09-2021
               Shri Vijay Sundaram & Dr. Anjali Gyanani, learned counsel for

         the appellant.
               Smt.       Abha Mishra,      learned   Public    Prosecutor for the

         respondent/State.

I.A. No. 26036/2021 & I.A. No.26568/2021, applications for

urgent hearing, are taken up, considered and allowed for the reasons

mentioned therein.

application under Section 389(1) of Cr.P.C. moved on behalf of appellant - Alsa Bai for

suspension of her jail sentence.

This criminal appeal has been filed against the judgment dated 03/12/2019 passed by 10th Additional Sessions Judge, Gwalior (M.P.)

in ST No. 340/2017, whereby appellant has been convicted and

sentenced under Section 368 of IPC for 7 years RI with fine of

Rs.2,000/-, under Section 373 of IPC for 7 years RI with fine of Rs.2,000/-, under Section 370(ka) of IPC for 7 years RI with fine of

Rs.2,000/- and under Section 374(kha) of IPC for 10 years RI with fine

of Rs.5,000/- with default stipulations.

Learned counsel for the appellant has submitted that this is

eighth application under Section 389(1) of Cr.P.C for suspension of jail

sentence of the appellant. It is submitted by learned counsel for the appellant that the appellant is a lady and is in custody since last more

than 4 & half years. It is further submitted that the case of present appellant is on same footing as of co-convict Sarnam Singh who has

already been granted the benefit of suspension of jail sentence by

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co-ordinate Bench of this Court vide order dated 04/10/2019 passed in

Cr.A. No.6072/2019. It is also submitted that present appellant has also

been convicted in this case considering the memorandum given under Section 27 of Evidence Act. It is further submitted that the statements of prosecutrix as well as her mother has been recorded before the trial

Court wherein they have not stated the name of present appellant for commission of offence. It is also submitted by learned counsel for the

appellant that earlier the appellant has been granted the benefit of temporary suspension of jail sentence by this Court and she has not

misused the liberty so granted to her. The case of present appellant is on

same footing as of co-convict Sarnam, therefore, learned counsel prays

to suspend the jail sentence of appellant. Appellant further undertakes to abide by all the terms and conditions of guidance, circulars and

directions issued by Central Government, State Government as well as Local Administration regarding measures inrespect of COVID-19

Pandemic and maintain hygiene in the vicinity while keeping physical

distancing.

Learned State counsel has opposed the application and submitted

that from the custody of present appellant, abductee was recovered, therefore allegations leveled against the present appellant are different

from co-convict Sarnam Singh and there is no parity. Hence, no case for suspension of jail sentence of the appellant is made-out, therefore,

prays for rejection of this repeat application.

Learned counsel for the appellant has further submitted that till date around 4 & half years of conviction period has already been

suffered by the appellant and in statement recorded before the trial

court, prosecutrix as well as her mother has not stated that abductee was used for any prostitution work by the appellant. Hence, again prays

for suspension of jail sentence of the appellant.

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Heard learned counsel for the parties and perused the material

documents available on record.

Considering the facts and circumstances of the case as well as the fact that the appellant is a lady and her custody period is around 4 & half years, without commenting on merits of the case,

I.A.No.24707/2021 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of

Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court, the

remaining jail sentence of the appellant shall remain suspended and she

be released on bail. The appellant is further directed to mark her

appearance before the Office of this Court on 06/12/2021 and on subsequent dates given by the Office in this regard, till final disposal of

this appeal.

In view of COVID-19 pandemic, the Jail Authorities are directed

that before releasing the appellant, her Corona Virus test shall be

conducted and if it is found negative, then the concerned local

administration shall make necessary arrangements for sending the said

appellant to her house, and if the test is found positive then the appellant shall be immediately sent to concerning hospital for her

treatment as per medical norms. If the appellant is fit for release and if she is in a position to make her personal arrangements, then she shall be

released. After release, the appellant is further directed to strictly follow

all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid- 19.

If it is found that the appellant has violated any of the instructions

(whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect,

and the Local Administration/Police Authorities shall immediately take

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her in custody and would send her to the same jail from where she was

released.

The appellant is further directed to inform the SHO of concerned police station about her residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to

SHO of concerned police station for information.

List the case for final hearing in due course.

E-copy of this order be sent to the concerned Court below for compliance.

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

RAJEEV KUMAR SHRIVASTAVA)

Shubhankar Digitally signed by SHUBHANKAR MISHRA Date: 2021.09.06 17:17:51 +05'30'

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