Lakhvinder Kour vs The State Of Madhya Pradesh
2023 Latest Caselaw 1674 MP

                                     1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                             WP No. 7488 of 2021
            (LAKHVINDER KOUR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 30-01-2023
      Shri R.C. Bhargava, learned counsel for the petitioner.

      Shri Shiraz Qureshi, learned Govt. Advocate for the respondents/State.

The counsel for the petitioner submits that the present petitioner is languishing in jail for last approximately 12 years. She is an old lady of more than 60 years and suffering from various ailments, is not keeping well in jail, therefore, present petition has been moved for consideration of her release

looking to the period of incarceration as her conviction under Section 302 of IPC has been upheld till the Hon'ble Supreme Court.

Learned Govt. Advocate on earlier dates was directed to call for the report of total period of petitioner's jail incarceration in connection with judgment dated 03.09.2004 delivered in S.T. No.109/2004, which had been submitted on 16.07.2022, wherein it had been mentioned that the petitioner has completed period of 11 years 07 months and 29 days till 15.07.2022.

Today the matter was taken up and the similar averments were advanced by the counsel for the petitioner.

Looking to the period of petitioner's jail incarceration, this Court deems it fit to direct the Govt. Advocate to seek instructions from the Jail Authorities as to whether release of the petitioner is possible in near future and if not at present as to the period in which the petitioner could be released or can be released from the jail and whether including the period undergone and the remission period whether the petitioner could be at all released or not.

Let the said instructions be taken by the counsel for the State within a

period of two weeks.

List this case in the week commencing 20th February, 2023.

        NEETU
                                               (MILIND RAMESH PHADKE)
        SHASHANK
        2023.01.31                                      JUDGE
        11:56:00
        +05'30'

neetu