Dhan Bai vs State Of M.P

Learned counsel for the rival parties are heard through video conferencing. This criminal appeal assails the judgment dated 25.06.2013 passed in Special Case No.50/2008 by Special Judge SC/ST (Prevention of Attorcities) Act Vidisha whereby appellant-Dhan Bai has been convicted as under: :-

Section

Imprisonment

Fine

302/34 of IPC

L.I.

Rs.10000/- with default stipulation

I.A.No.15233/2020, 2nd repeat application u/S. 389(1) Cr.P.C. for suspension of sentence moved on behalf of appellant-Dhan Bai is taken up and considered.

Appellant is a woman aged about 65 years and has suffered eight years and six months of custody. Appellant is alleged with murder.

In view of above and the special circumstances of ongoing Covid-19 pandemic and that there is no hope of this appeal coming up in the near future for final hearing, this Court is inclined to grant bail to the appellant-Dhan Bai by way of suspension of sentence.

Accordingly, without expressing any opinion on merits, I.A. 15233/20 is allowed and it is directed that the jail sentence of appellant-Dhan Bai will remain under suspension subject to verification that the amount of fine has been deposited, on the appellant's furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Magistrate for his appearance before the concerned Magistrate on 18.01.2021 and on such further dates as may be fixed by him which shall be of frequency not less than once in a year.

In case, appellant is found absent on any date fixed by the concerned Magistrate then the said Magistrate shall be free to issue and execute warrant of arrest for securing her presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

C.C. as per rules.