Uma Devi vs The State Of Madhya Pradesh
2023 Latest Caselaw 16052 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRR No. 4183 of 2023
                                                (UMA DEVI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-09-2023
                                 Shri Shyam Kishore Mishra, learned counsel for the Petitioner.

                                 Shri Lokendra Shrivastava, learned PP for the respondent/State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Hear d on I.A.No.17077/2023, an application under Section 5 of Limitation Act for condonation of delay in filing the present revision.

Learned counsel for the petitioner submits that the petitioner is a rustic villager and she was not apprised about the passing of impugned order by her counsel in the trial Court, therefore, the delay of 3027 days was caused in filing the revision. The delay is based on bonafide and there was no malafide on the part of petitioner in filing the revision late. Therefore, the same may be condoned and the revision be heard and decided on merits.

Considering the reason assigned, I.A.No.17077/2023 is allowed and delay of 3027 in filing the revision is hereby condoned.

Also heard on I.A.No.16883 of 2023, an application for exemption from

filing certified copy of the impugned order dated 26.02.2015.

For the reasons mentioned therein, the application is allowed and the petitioner is exempted from filing certified copy of the order dated 26.02.2015.

Heard on admission.

Being arguable, this revision is admitted for final hearing. Heard on IA No. 16874 of 2023, which is the first application under Section 397(1) of CrPC for suspension of sentence and grant of bail filed on Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 27/09/2023 6:06:01 PM

behalf of applicant.

This criminal revision under Section 397 read with Section 401 of CrPC has been filed against the judgment and sentence dated 26/02/2015 passed by Ist ASJ, Bhind (M.P.) in Cr.A. No.96/2014, whereby, modifying the judgment passed by JMFC, Bhind, the petitioner was directed to execute a bond under Section 4 of Probation of Offenders Act, failing which, she will have to undergo the sentence of imprisonment as imposed by the trial Court vide judgment dated 25.03.2014.

Learned counsel for the petitioner submits that the petitioner is a rustic villager. She was not aware of the legal technicalities regarding execution of the

bond, therefore, after pronouncmenet of judgment, she went back to her house without executing the bond. The trial court issued warrant of arrest and in compliance of the warrant of arrest, the petitioner was arrested on 31.08.2023. She is undergoing sentence of imprisonment imposed by the trial court. Learned counsel further contends that the petitioner is a homemaker. She is having three minor children to look after. There is no likelihood of her abscontion. The hearing of revision would take time. On these grounds, learned Counsel prays that execution of remaining jail sentence of petitioner may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent/State opposes the application and prayed for its rejection.

Upon hearing learned Counsel for parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly, directed that execution of remaining jail sentence of petitioner shall remain suspended during pendency of this revision and she shall be enlarged on bail subject to furnishing personal Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 27/09/2023 6:06:01 PM

bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 21/11/2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No. 16874/2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Rks

Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 27/09/2023 6:06:01 PM