Kamla Bai vs The State Of Madhya Pradesh on 20 May, 2020

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Madhya Pradesh High Court

Kamla Bai vs The State Of Madhya Pradesh on 20 May, 2020

Bench: S.C.Sharma

                               1
  HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
             CRIMINAL APPEAL NO.1495 OF 2020
              (Kamlabai vs State of Madhya Pradesh)

Indore, Dated 20.05.2020
       Mr. Raghav Shrivastava, learned counsel for the
appellant through Video Conferencing is present in person.
       Mr. Amol Shrivastava, learned public prosecutor for the
respondent/State through Video Conferencing is present in
person.
       Arguments heard.
Per Shailendra Shukla, J:
                              ORDER

Medical report of the appellant-Kamlabai had been directed to be obtained by this Court vide order dated 18.05.2020 and the same is now available on WhatsApp showing that the patient suffers from hernia.

Learned counsel for the appellant submits that it is not a normal hernia but complicated form of hernia requiring surgery for correcting the same. On this ground, temporary suspension of jail sentence has been sought.

Submissions were made on application-IA No.2250/2020 which is an application for temporary suspension of jail sentence of appellant-Kamlabai who has been convicted for committing offence under Sections 302 and 498-A of Indian Penal Code, 1860 by Additional Sessions Judge, Ratlam, in Session Trial No.389/2011 vide judgment dated 24.12.2019 and sentenced to Life Imprisonment along with major offence under Section 302 IPC with three years RI along with fine under Section 498-A IPC.

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL APPEAL NO.1495 OF 2020 (Kamlabai vs State of Madhya Pradesh) The appellant-Kamlabai having been recently convicted does not satisfy the general conditions of parole making her liable to be given the benefit of resolution dated 26.03.2020 passed by High Powered Committee of MPSLSA, Jabalpur. Further, the corrective surgery of hiatus hernia, if needed, can be performed at District Hospital, Ujjain and other higher Government Hospital facility. The jail authorities shall make suitable arrangement for such surgery, if needed. Hence, no case is made out for temporary suspension of jail sentence of appellant-Kamlabai. Consequently, IA No.2250/2020 which is an application for temporary suspension of jail sentence stands rejected.

              (S.C. SHARMA)                      (SHAILENDRA SHUKLA)
                 JUDGE                                 JUDGE


   Arun/-


Digitally signed by
ARUN NAIR
Date: 2020.05.20
11:35:41 +05'30'

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