Madhya Pradesh High Court
Mahesh vs The State Of Madhya Pradesh on 6 September, 2017
Cr.A. No.604/2017
(Mahesh and others Vs. State of M.P.)
06.09.2017
Shri Vivek Khedkar, learned counsel for the
appellants.
Shri Shiraj Qureshi, learned Public Prosecutor for the
respondent/State.
Heard on admission.
After perusing the impugned judgment, the record of the trial Court and the petition of appeal, I find this appeal is arguable. Hence, it is admitted for final hearing.
Learned Public Prosecutor has taken notice of admission of this appeal on behalf of the respondent/State. Hence, no further notice is required to be sent to it.
Heard on I.A. No.3676/2017, which is the first application under Section 389(1) of the Cr.P.C. moved on behalf of appellant Kapoori Bai for suspension of jail sentence and grant of bail to her.
Vide the impugned judgment dated 17.04.2017 passed by the First Additional Sessions Judge Sheopur in Session Trial No.10/2012, appellant Kapoori Bai stands convicted along with co-appellants for the offences punishable under Sections 498-A and 304-B of the IPC and sentenced thereunder to suffer rigorous imprisonment for three years with a fine of Rs.1,000/- (one thousand) in the former count and rigorous imprisonment for 10 years with a fine of Rs.1,000/- (one thousand) in the latter count with default stipulations. However, the substantive jail sentences in the aforesaid Sections are directed to run concurrently.
Cr.A. No.604/2017(Mahesh and others Vs. State of M.P.) Learned counsel for appellants submits that appellant Kapoori Bai remained in judicial custody for a period of 138 days and thereafter she was on bail. However, she has been undergoing the jail sentence since 17.04.2017, the date of impugned judgment. As such, she has been in jail for more than 9 months. He submits that she had already deposited the fine amount as imposed vide the impugned judgment. He submits that she is 70 years old woman and that she suffers from old age diseases. After taking this Court through FIR Ex.P-4 and the evidence of the material prosecution witnesses, he submits that only omnibus allegations are made against her. Therefore, she has a good case on merits. He submits that this appeal is of the year 2017 and that there is no likelihood of this appeal being heard on merits in recent future. Upon these submissions, he prays to allow the I.A. Learned Public Prosecutor has opposed the prayer. On due consideration of the facts and circumstances of the case and the submissions raised on behalf of the parties by their counsel and having gone through the body of evidence and the written objections submitted by the respondent/State, but without commenting on merits of the case, I am of the view that it is a fit case for suspension of jail sentence and grant of bail to appellant Kapoori Bai during the pendency of this appeal, therefore, the I.A. is allowed.
The execution of remaining jail sentence of appellant Kapoori Bai is hereby suspended and it is ordered that Cr.A. No.604/2017 (Mahesh and others Vs. State of M.P.) she be released on bail upon her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the same amount to the satisfaction of the trial Court, subject to depositing of fine amount, if it is not so far deposited, at the time of furnishing bail-bonds.
On being released on bail, appellant Kapoori Bai shall appear before the Court of Chief Judicial Magistrate Sheopur to mark her presence first time on 13.11.2017 and thereafter on all such other dates as may be fixed by it in this regard until further orders of this Court. The CJM, Sheopur is directed to see personally that the interval between two dates of her appearance shall not be less than six months. In case of non-appearance of her, he/she may proceed against her as per Clause (3) of Rule 42 of the High Court of Madhya Pradesh Rules 2008.
As prayed by learned counsel for the appellants, he is permitted to withdraw I.A. No.3669/2017, which is the first application under Section 389(1) of the Cr.P.C. moved on behalf of appellants Mohan and Dropati.
A copy of this order be sent to CJM Sheopur for information and compliance.
List the case for final hearing in due course. Certified copy as per rules.
(Rajendra Mahajan)
SS Judge