Madhya Pradesh High Court
Shaila Agrawal vs The State Of Madhya Pradesh on 6 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4651 of 2018
(SHAILA AGRAWAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 06-02-2024
Ms. Nikita Jain- Advocate for the appellants.
Shri Rajesh Shukla - Additional Advocate General for respondent/State.
Heard on I.A.No.2251 of 2024, third repeat application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant No.1 Shaila.
Present appellant stood convicted under Sections 376(1) r/w Section 109, 354 r/w Section 109, 354-d r/w Section 109, 376(2)(x) r/w Section 109, 376(2)(?k) r/w Section 109, 376(2)(>) r/w Section 109, 376(2)(V) r/w Section 109, 376(2)(<) r/w Section 109, 376(1) r/w Section 109, 354 r/w Section 109, 354-d r/w Section 109, 354 r/w Section 109, 354-d r/w Section 109, 506(II) of IPC and sentenced to undergo 10 years of RI, 02 years of RI, 03 years of RI, imprisonment for life, imprisonment for life, imprisonment for life, imprisonment for life, imprisonment for life, 10 years of RI, 02 years of RI, 03 years of RI, 02 years of RI, 03 years of RI, 07 years of RI with fine of Rs.2,000/-, Rs.1,000/-, Rs.1,000/-, Rs.1,000/-, Rs.1,000/-, Rs.1,000/-, Rs.1,000/-, Rs.1,000/-, Rs.2,000/-, Rs.1,000/-, Rs.1,000/-, Rs.1,000/-, Rs.1,000/-, Rs.1,000/- respectively with default stipulations vide judgment of conviction and order of sentence dated 07.05.2018 passed by Special Judge, SC/ST Act, Shivpuri in Special Sessions Trial No.45/2017.
The present appellant so far has undergone incarceration of more than 07 years, as stated by learned counsel for appellants.
Prosecution story, as found proved, is that co-accused/appellant No.2- Signature Not Verified Signed by: AMAN TIWARI Signing time: 2/7/2024 4:43:45 PM 2 Kedarnath Agrawal used to subject the girls residing in Children Home to sexual harassment and physical torture in connivance with his daughter appellant No.1- Shaila Agrawal who used to manage the affairs of Shakuntala Parmarth Samiti, a society instrumental in running the said Children Home. Besides the girls were also used to be administered sedatives and sleeping pills for the purpose. Upon complaint received to such effect, the girls were counselled and having their statements recorded, crime was registered against the appellants on 16.11.2016 at Kotwali Shivpuri as 1028/2016. Investigation was set in motion. Upon completion of investigation including recording of statements, collection of evidence and necessary formalities, challan was filed. The Special Court, on appreciation of evidence placed on record, convicted and sentenced the present appellant as mentioned above.
Learned counsel for appellants while taking exception to the impugned judgment of conviction and order of sentence submits that the Special Court has not appreciated the evidence placed on record in correct perspective. The judgment suffers from surmises and conjectures. It is submitted that co- accused/appellant No.2-Kedarnath has already been extended the benefit of suspension of sentence and grant of bail vide order dated 22.01.2024. It is further submitted that the appellant No.1-Shaila is a lady aged about 58 years and she has already suffered jail incarceration of more than seven years. It is further submitted that the appeal being of 2018 is not likely to be decided in the near future. On these grounds, learned counsel submits that the appellant No.1- Shaila may be extended the benefit of suspension of sentence and grant of bail.
Per contra, learned Public Prosecutor, appearing on behalf of the respondent/State, while supporting the judgment impugned submits that no exception can be taken in the matter of suspension of sentence and grant of Signature Not Verified Signed by: AMAN TIWARI Signing time: 2/7/2024 4:43:45 PM 3 bail, regard being had to the nature and the gravity of offence found proved against the present appellant.
Upon hearing learned counsel for the parties, though this Court is not inclined to extend the benefit of suspension of sentence and grant of bail to the appellant No.1 on merits, however, regard being had to the fact that appellant No.1-Shaila is a lady aged about 58 years and has suffered jail incarceration of more than 07 years coupled with the fact that the appeal which is of the year 2018 is not likely to be decided in the near future, we are of the view that present appellant is entitled to the benefit of suspension of sentence and grant of bail.
Accordingly, I.A.No.2251 of 2024 stands allowed and it is directed that the jail sentence of present appellant No.1-Shaila shall remain suspended during pendency of the present appeal and she shall be released on bail subject to verification of the factum of depositing the fine amount and on her furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one solvent surety in the like amount to the satisfaction of the Trial Court.
Appellant No.1- Shaila is directed to appear before the Registry of this Court first on 10.05.2024 and on other subsequent dates as may be fixed in this behalf.
Accordingly, the said IA stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/7/2024
4:43:45 PM
4
Aman
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 2/7/2024
4:43:45 PM