Madhya Pradesh High Court
Smt. Lakshmi Kori vs The State Of Madhya Pradesh on 17 January, 2022
Author: Rohit Arya
1
The High Court Of Madhya Pradesh
CRA No. 8177 of 2021
(SMT. LAKSHMI KORI Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 17-01-2022
Heard through Video Conferencing.
Shri Atul Gupta, learned counsel for sole appellant.
Shri Rajesh Shukla, learned Deputy Advocate General for
respondent/State.
Heard on I.A. No.33962/2021, an application under Section 389(1)
Cr.P.C. filed on behalf of sole appellant- Smt. Lakshmi Kori seeking
temporary suspension of sentence on the ground of marriage of his
son-Deepak.
The factum of marriage has been verified from the concerned Police
Station by the State counsel and the marriage of Mr. Deepak, the son of sole
appellant is scheduled on 20/01/2022.
The Sole appellant-Smt. Lakshmi Kori has been convicted under
Section 302 of IPC and sentence to suffer Lifer Imprisonment with fine of
Rs.2,000/-, under Section 304B of IPC and sentenced to suffer 10 years'
R.I. & under Section 498-A of IPC and sentenced to suffer three years' R.I.
with fine of Rs.2,000/- with default stipulations, vide judgment dated
11/12/2021 passed by Sixth Additional Sessions Judge, Gwalior, District-
Gwalior in Sessions Trial No.429/2015.
Considering the aforesaid facts and circumstances and submissions
advanced by learned counsel for the parties, without expressing any opinion
on merits of the case, regard being had to the fact that during trial, sole
appellant-Smt. Lakshmi Kori has suffered jail incarceration for one year and
after conviction, she is undergoing jail sentence since 11/12/2021 and that
being mother, sole appellant-Smt. Laxmi Kori has to perform some rituals in
the marriage of his son-Deepak which is scheduled on 20/01/2022, I.A.
No.33962/2021 i s allowed and it is directed that the execution of jail
sentence of sole appellant-Smt. Lakshmi Kori shall remain temporarily
suspended for a period of one week (7 days) from the date of her release and
she shall be enlarged on temporary bail subject to furnishing a personal bond
in the sum of of Rs.1,00,000/- (Rs. One Lac Only) with one solvent surety
in the like amount to the satisfaction of CJM, Gwalior and also subject to
deposit of the fine amount (if not already deposited).
The sole appellant-Smt. Lakshmi Kori is directed to surrender before
the CJM, Gwalior on or before expiry of said period i.e. on 25/01/2022
(seven days from the date of her release) under intimation to the Registry of
this Court through her counsel. The period of temporary bail be reckoned
from the date of her release.
The following further conditions may also be observed by the sole
appellant-Smt. Lakshmi Kori:
(i) s ole appellant-Smt. Lakshmi Kori will abide by the terms
and conditions of various circulars and orders issued by the
Government of India and the State Government as well as the
local administration from time to time in the matter of maintaining
social distancing, physical distancing, hygiene, etc, to avoid
proliferation of Novel Corona virus(COVID-1);
(ii) the concerned jail authorities are directed that before releasing
sole appellant-Smt. Lakshmi Kori, the medical examination of
sole appellant-Smt. Lakshmi Kori be conducted through the
jail doctor and if it is prima-facie found that she is having any
symptom of Covid-19, then the consequential follow up action
or any further test required be undertaken immediately.
Learned State counsel is directed to send e-copy of this order to all the
concerned including the concerned Station House Officer of the Police
Station for information and necessary action.
I.A. stands closed.
C.c. as per rules.
(ROHIT ARYA) (RAJEEV KUMAR SHRIVASTAVA)
JUDGE JUDGE
(Dubey)
SUNEEL
Digitally signed by SUNEEL DUBEY
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
BENCH GWALIOR, ou=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, postalCode=474001,
st=Madhya Pradesh,
2.5.4.20=157244b0239a6fd662b29b00a11fc66a5e
160f585aa7a92425f380d476b32818,
DUBEY
pseudonym=046B231C591E29491F36ABD156EBF
3A713937186,
serialNumber=4009CAE962958E019ADDF04E87E
FD5C07FA5D0C38532D550F61B55401A275B8C,
cn=SUNEEL DUBEY
Date: 2022.01.17 18:16:18 -08'00'
