Jitendra & Others vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard through video conferencing.

I.A. No. 1649/2020, first application filed u/S. 389 of Cr.P.C. on behalf of appellant No.3 - Shakuntla for suspension of sentence and grant of bail is taken up and considered.

This Criminal appeal assails the judgment dated 20.01.2020 passed in S.T. No. 500107/2016 by Ninth Additional Sessions Judge, Gwalior, District Gwalior (M.P.), whereby the appellant No.3 has been convicted as under with default stipulation:-

Section

Imprisonment

Fine

Section 304 B of IPC

10 years R.I.

Section 498-A of IPC

1 year's R.I.

Rs. 500/- with default stipulation

Section 4 of Dowry Prohibition Act

6 months' R.I.

Rs. 500/- with default stipulation.

The appellant No.3, who is mother-in-law, is alleged with dowry death of her daughter-in-law.

The appellant No.3 mother-in-law has suffered about five months of incarceration. The dying declaration left behind by the deceased who died due to burn injuries does not implicate the petitioner, however, the same has been disbelieved by the learned trial Judge by finding that there was some exercise of coercion at the time when exculpatory dying declaration was recorded.

Considering the fact that appellant No.3 is a old aged woman and has suffered about 5 months of incarceration as against sentence of 10 years R.I. awarded and that there is no likelihood of early disposal of the present appeal in the near future and looking to the ongoing Covid-19 pandemic crises, without entering into the merits of the matter, this Court is inclined to grant bail to appellant No.3 by way of suspension of sentence.

Accordingly, without expressing any opinion on merits, IA.1649/2020 is allowed and it is directed that the jail sentence of appellant No.3 will remain under suspension subject to verification that the amount of fine has been deposited, on 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 her appearance before the concerned Magistrate on 15.12.2020 and on such further dates as may be fixed by him which shall be of frequency not less than once a year.

In case, appellant No.3 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 his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the appellant No.3 during period of suspension of sentence as a consequence of this order.

The appellant No.3 undertakes to deposit a sum of Rs.5,000/-(Rs.Five Thousand Only) within one week of her release on bail in the PM-CARES Fund for helping the disaster management process in the wake of Covid-19 pandemic and produce receipt before the registry of this Court of having done so within 30 days, failing which this Court may recall the order of bail. This gesture of appellant No.3 is appreciable.

A copy of this order be sent to the Court concerned for compliance.

C.c as per rules.