Hardesh Saxena vs State Of M.P.
2022 Latest Caselaw 94 MP

                                     1                              CRA-625-2007
          The High Court Of Madhya Pradesh
                    CRA No. 625 of 2007
                     (HARDESH SAXENA AND OTHERS Vs STATE OF M.P.)


Gwalior, Dated : 03-01-2022
         Shri V.K. Agrawal, learned counsel for the appellants.

         Shri Kuldeep Singh, learned Public Prosecutor for the respondent-

State.

With consent, heard finally.

This criminal appeal under Section 374 of CrPC has been filed against

the impugned judgment of conviction and sentence dated 30/7/2007 passed by Sessions Judge, Vidisha in Sessions Trial No. 207/2008, whereby appellants have been convicted under Sections 498-A of IPC and has been sentenced to undergo rigorous imprisonment of three years with fine of Rs.5,000/- with default stipulation.

It is submitted by learned counsel for the appellants that appellant No.1 Hardesh Saxena has already suffered the total jail sentence of three years imposed upon him, which is reflected from para 44 of the impugned judgment. It is further submitted that appellant No.2 Vimladevi @ Zindadevi is

aged around 86 years and is on bail. Hence, prayed to release appellant No.2 Vimladevi on probation. Fine amount has already been deposited, which is reflected from the warrant issued on 30/7/2007 for execution of jail sentence imposed.

Learned counsel for the State has no objection on the aforesaid prayer made by learned counsel for the appellants.

Heard learned counsel for the rival parties and perused the record. It is reflected from the record that on the date of incident, appellant No.2 Vimladevi was aged around 67 years, therefore, considering the age of the appellant Vimladevi from the date of incident, she is entitled for the benefit of Section 4 of Probation of Offenders Act.

It is hereby directed that appellant No.2 Vimladevi shall be released under the provisions of Section 4 of the Probation of Offenders Act on 2 CRA-625-2007 probation of good conduct for a period of two years from today on her furnishing a personal bond in the amount of Rs.5,000/- (Rs. Five Thousand Only) with one surety in the like amount to the satisfaction of the Trial Court to the effect that she shall keep peace and be of good behaviour during the said period of three years and shall appear to receive sentence when called

upon by the trial Court. The bond shall be furnished by the appellant before the trial Court within a period of two months from today. In case, the appellant fails to comply with the above direction, the appeal shall stand dismissed and sentence awarded to her shall be restored.

The appeal is disposed of accordingly.

A copy of this order be sent to the trial Court for information and necessary compliance.

ALOK KUMAR
                                                     (RAJEEV KUMAR SHRIVASTAVA)
2022.01.03                                                      JUDGE
17:11:25 +05'30'
11.0.8

             AKS