Smt. Laxmi & Anr. vs State Of Madhya Pradesh

Heard on I.A.No. 903/2020, an application under Section 389 of Cr.P.C. for suspension of remaining jail sentence moved on behalf of appellants.

The instant appeal has been preferred by the appellants against the impugned judgment; whereby, appellants have been convicted for offence under Section 366 of IPC and sentenced to suffer 5 years RI with fine of Rs. 500/- each and in default of payment of fine to further undergo one month's RI.

After arguing for a while, learned counsel for the appellant seeks withdrawal of application (I.A.No. 903/2020) on behalf of appellant No. 2 Manoj Vishwakarma.

Prayer allowed.

Application (I.A.No. 903/2020) is dismissed as withdrawn so far as it relates to appellant No. 2-Manoj Vishwakarma.

Application  I.A.No.  903/2020  is  heard  in  respect  of appellant No. 1-Smt. Laxmi.

It is the submission of learned counsel for the appellants that trial Court erred in convicting the appellant and awarding jail sentence as referred above. It is further submitted that almost four years three months incarceration has been suffered by the appellant in total. Prosecution witnesses did not support the case of prosecution. She has a good case on merits. Hearing of appeal shall take some time and in the prevailing situation of COVID-19 Pandemic, this case be considered accordingly. Counsel on behalf of appellant further undertake to serve the national cause by installing Arogya Setu App. On these grounds, prayer for suspension of sentence has been made out..

Counsel for the State opposed the prayer and prayed for rejection of the application.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.

Considering the facts of the case in detail, however, considering the fact that in view of Covid-19 pandemic, without commenting on the merits of the case, application (I.A.No. 903/2020) is allowed and it is hereby directed that subject to payment of fine, remaining jail sentence of appellant shall remain suspended on his furnishing personal bond of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of trial Court for her appearance before the Office of this Court on 19/11/2020 and all other subsequent dates as may be fixed by office in this regard and that he will have to install Arogya Setu App, if not already installed.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the appellant, her preliminary Corona Virus test shall be conducted and if she is found negative, then the concerned local administration shall make necessary arrangements for sending the appellant to her house, and if she is found positive then the appellant shall be immediately sent to concerned hospital for her 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 Covid-19. 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 sent her to the same jail from where she was released.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, for the office of this Court.

Certified copy/ e-copy as per rules/directions.