Manglabai vs The State Of Madhya Pradesh
2021 Latest Caselaw 5600 MP

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  HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
             CRIMINAL APPEAL NO.1006 OF 2017
             (Manglabai vs The State of Madhya Pradesh)


Indore, Dated 17.09.2021
     Mr. Rakesh Vyas, learned counsel for the appellant.
     Mr. Valmik Sakergayen, learned public prosecutor for the
respondent/State.
                                ORDER

Per Shailendra Shukla, J:

Heard on IA No.24508/2021 which is seventh repeat application filed under Section 389 of Code of Criminal Procedure, 1973 seeking suspension of sentence of appellant Manglabai W/o Late Shankarsingh Pawar who has been convicted by Special Judge, NDPS Act, 1985, Ujjain, in Special Case No.09/2014 vide judgment dated 17.05.2017 and sentenced him as under:-

              Conviction                            Sentence
     Section & Act    Imprisonment       Fine Amount     Imprisonment
                                                          in lieu of fine
     U/s 8/21(C) of    14 years RI       Rs.1,00,000/-    02 years RI.
    NDPS Act, 1985

This is an application seeking temporary suspension on the ground of serious health condition of appellant who has been shown to be suffering from Cancer of chest and throat in an advanced stage. Earlier also, this Court had granted temporary suspension to the appellant.

Learned counsel for the appellant submits that appellant has to undergo regular chemotherapy and has sought temporary suspension on this ground only.

Learned public prosecutor for the State was also heard. Considered.

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL APPEAL NO.1006 OF 2017 (Manglabai vs The State of Madhya Pradesh)

After due consideration of the aforesaid facts and circumstances and in view of health condition of the appellant this application-IA No.24508/2021 of temporary jail sentence for a period of three months (90 days) is being allowed.

The appellant-Manglabai is directed to be released on temporary bail for a period of three months (90 days) subject to her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one local solvent surety of like amount to the satisfaction of Trial Court/Committal Court. The appellant-Manglabai shall surrender before the learned trial Court on the expiry of Ninety Days from the date of her release. Accordingly, IA No.24508/2021 stands disposed of.

Any further application for suspension on health ground if filed in future by the appellant shall be accompanied by the latest health status report.

Record has been received.

List the appeal for final hearing in due course. Certified copy as per Rules.

             (SUJOY PAUL)                          (SHAILENDRA SHUKLA)
               JUDGE                                     JUDGE



 Arun/-

Digitally signed by
ARUN NAIR
Date: 2021.09.17
18:04:07 +05'30'