Madhya Pradesh High Court
Kalyan Singh vs State Of M.P. on 27 November, 2020
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 The High Court Of Madhya Pradesh
CRA-400-2013
(KALYAN SINGH AND OTHERS Vs STATE OF M.P.)
Gwalior, Dated : 27.11.2020
Smt. Sangeeta Pachori, learned counsel for the appellants.
Shri Rajesh Kumar Shukla, learned Dy. Advocate General,
for the respondent/State.
In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.
Heard on I.A.No.17897/2020 and I.A.No.20976/2020 for urgent hearing. Considered. Both the applications are allowed.
Learned counsel for the appellant No.2 submits that I.A.No.1357/2020, an application for condonation of non- appearance is rendered infructuous.
The same is dismissed as rendered infructuous. Heard on I.A.No.17899/2020, which is second application under Section 389(1) of Cr.P.C. filed on behalf of appellant No.2 Sunita, W/o Kalyan Baghel.
This Criminal appeal assails the judgment dated 02.5.2013 passed in S.T.No.52/2011 by Second Additional Sessions Judge, 2 The High Court Of Madhya Pradesh CRA-400-2013 (KALYAN SINGH AND OTHERS Vs STATE OF M.P.) Dabra, District Gwalior (M.P.) whereby the appellant No.2 Sunita has been convicted as follows:
Name of the Convicted Sentence Fine In Default , to appellant undergo R.I. Sunita 302/34 IPC Life 1000/- 1 month R.I. imprisonment Learned counsel for the appellant No.2 submits that the appellant Sunita's jail sentence was suspended vide order dated 25.07.2013 after considering the application on merits. The appellant No.2 Sunita was produced in custody in furtherance to the bailable warrant issued to secure her presence, as she was absconding since 17.03.2016. As the appellant No.2 Sunita had misused the liberty granted to her, the suspension order passed on 25.07.2013 was recalled vide order dated 13.05.2019. She was taken back to serve the remaining jail sentence.
Learned counsel for the appellant No.2 submits that the appellant is a lady and due to the fact that the appellant being illiterate lady, she missed the date and thereafter she did not appear. However, after sending back to jail, she has served one and a half year jail sentence.
Looking to the fact that the earlier application is considered on 3 The High Court Of Madhya Pradesh CRA-400-2013 (KALYAN SINGH AND OTHERS Vs STATE OF M.P.) merits and sentence was suspended and also the fact of present pendamic of Covid -19 scenario, she may be own to the virus to virus if she remained in jail for a long period. Appellant No.2 also undertakes that in future such mistake would not be committed, she will abide the terms conditions which may be imposed by the Court from time to time.
Counsel for the State has opposed the application and prays for its rejection.
Keeping in view the aforesaid submission of learned counsel for the parties and the facts & circumstances of the case, I.A.No.17899/2020 is allowed.
It is, therefore, directed that if appellant No.2- Sunita deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 26th July, 2021 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to her shall remain suspended till further orders and she shall be released on bail. The appellant shall also 4 The High Court Of Madhya Pradesh CRA-400-2013 (KALYAN SINGH AND OTHERS Vs STATE OF M.P.) furnish a written undertaking that she will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus and the appellant shall also install Arogya Setu App. (If not already installed) in the mobile phone.
Learned Public Prosecutor is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court. Certified copy/e-copy as per rules/directions.
(S.A.Dharmadhikari) (Vishal Mishra)
mani Judge Judge
SUBASRI MANI
2020.11.27
17:29:58
-08'00'