Smt. Seema Banskar vs State Of M.P

This Criminal appeal assails the judgment dated 13/8/2018 passed in Sessions Trial No.13/2016 by Additional Sessions Judge, Pichhore, District Shivpuri whereby the appellant has been convicted as under:-

Section

Imprisonment

Fine

In default

302/149 of IPC

Life Imprisonment

Rs.1,000/-

One year R.I.

201 of IPC

Two years R.I.

Rs.500/-

Three months R.I.

I.A.No.8953/2020, third repeat application for suspension of sentence and grant of bail moved by the appellant, is taken up and considered.

Learned counsel for the appellant has submitted that this is third repeat application for suspension of jail sentence and grant of bail to the appellant. First application was dismissed on merits whereas second application was dismissed as withdrawn at the very outset. It is further submitted that the appellant has suffered incarceration of three years and six months approximately. She is having three children who are kept in Shelter Home, Ashok Nagar. There is no possibility of final disposal of this appeal in near future and since due to present COVID-19 pandemic situation in the country she has to look after her children, hence, prays for grant of temporary suspension of sentence of the appellant for a period of 90 days.

Learned State counsel has vehemently opposed the prayer and prayed for rejection of the application.

Heard learned counsel for the rival parties and perused the materials available on record.

Looking to the fact that appellant is a lady and is having three children, who are kept in Shelter Home, Ashok Nagar, prayer for grant of temporary suspension of jail sentence and bail to appellant - Seema Banskar is hereby allowed.

It is hereby directed that the jail sentence of appellant - Seema Banskar shall remain under suspension for a period of 90 days (ninety days) from the date of her release on appellant's furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the concerned Magistrate with the condition that appellant shall surrender herself to the custody before the concerned Magistrate immediately after expiry of period of interim suspension of 90 days (ninety days).

The intimation regarding surrender of the appellant be furnished to this Court by the concerned Magistrate.

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 appellant during period of suspension of sentence as a consequence of this order.

I.A. No. 8953/2020 is accordingly disposed of in above terms.

List the case 10 days before expiry of period of 90 days (ninety days).

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

E-copy/certified copy as per rules.