Madhya Pradesh High Court
Kashmir @ Kashmira Jat vs The State Of Madhya Pradesh on 8 October, 2021
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
01 Cr.A. No.4877/2020
HIGH COURT OF MADHYA PRADESH
Cr.A. No.4877/2020
(Kashmir @ Kashmira Jat vs. State of M.P. )
Gwalior, Dated: 08.10.2021
Shri R.K.S. Kushwah, learned counsel for the appellant.
Shri B.P.S. Chauhan, learned Public Prosecutor for
respondent/State.
Heard on I.A. No. 29022/2021, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.
Heard on I.A.No.29023/2021, second application under Section 389 (1) of Cr.P.C. for suspension of sentence on behalf of the appellant.
This criminal appeal has been filed against the judgment dated 5.9.2020 passed by First Additional Sessions Judge, Guna in Sessions Trial No.164/2017 whereby the appellant has been convicted under Section 307 of IPC and Section 25(I-B) of Arms Act and sentenced to undergo 5 years RI and to pay fine of Rs.5000/- and three years RI and to pay fine of Rs.5000/- with default stipulation It is submitted by the counsel for appellant Kashmir @ Kashmira Jat that the appellant has been wrongly convicted by the trial Court. As per the prosecution case, the allegation was of using firearm but no injury was caused to the victim. It is submitted that till date the appellant has suffered more than three years of jail sentence out of five year. Hence, prayed to suspend the jail sentence of the 02 Cr.A. No.4877/2020 appellant and grant her bail. She further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.
Counsel for the State vehemently opposed the prayer and prayed to reject the application for suspension of sentence.
Heard learned counsel for the parties and perused the materials available on record.
Looking to the aforesaid facts and circumstances of the case, without commenting on merits of the case, application (I.A. No. 29023/2021) is allowed and the remaining jail sentence of appellant Kashmir @ Kashmira Jat is hereby suspended. It is hereby directed that the appellant shall be released on bail on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the concerned Court. The appellant is further directed to mark her appearance before the Office of this Court on 20/12/2021 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.
In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the appellant, her Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending 03 Cr.A. No.4877/2020 the appellant to her house, and if the test is found positive then the appellant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the appellant is fit for release and if she is in a position to make her personal arrangements, then she shall be released only after taking due travel permission from local administration. After release, the appellant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the appellant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take her in custody and would send them to the same jail from where she was released.
The appellant is further directed to inform the SHO of concerned police station about her residential address in the said area and it would be the duty of the Public Prosecutor to send E- copy of this order to SHO of concerned police station for information.
List the case for final hearing in due course.
E- copy of this order be sent to the Court below concerned for compliance.
Certified copy/ e-copy as per rules/directions.
(Rajeev Kumar Shrivastava)
van Judge
SMT VANDANA
VERMA
2021.10.08
18:02:18 -07'00'