Vivek Kapil & Anr. vs State Of M.P

This Criminal appeal assails the judgment dated 30/11/2010 passed in Sessions Trial No.78/2008 by Additional Judge to the Court of Additional Sessions Judge, Datia whereby appellant No. 2 Smt. Kiran Kapil has been convicted as under:-

Section

Imprisonment

Fine

In default

304-B of IPC

Life Imprisonment

Rs.25,000/-

Two years R.I.

201 of IPC

Thee years

Rs.5,000/-

Six months R.I.

I.A.No.15261/2020, 7th repeat application for suspension of sentence and grant of bail moved by appellant No. 2 - Smt. Kiran Kapil after withdrawal of 6th repeat application on 29/3/2019, is taken up and considered.

Learned counsel for appellant - Smt. Kiran Kapil has submitted that the trial Court has wrongly convicted the appellant. There are lots of contradictions and omissions in the evidence of the prosecution witnesses. It is further submitted that appellant is an old lady aged around 61 years and has suffered more than 10 years of imprisonment. There is no possibility of final disposal of this appeal in near future. Hence, prays for temporary suspension of jail sentence of the appellant and grant of bail for a period of 90 days looking to the current COVID-19 situation.

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.

Considering the fact that appellant No. 2 Smt. Kiran Kapil is an old lady aged around 61 years as well as current COVID-19 situation, prayer for grant of temporary suspension of sentence and bail to appellant No. 2 - Smt. Kiran Kapil is hereby allowed.

It is hereby directed that the jail sentence of appellant No. 2 - Smt. Kiran Kapil shall remain under suspension for a period of 90 days (ninety days) from the date of her release on her 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. 15261/2020 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.