Firoz Khan vs State Of M.P.

IA.8631.2020 first application u/Sec. 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant No.2 Beni Bai, is taken up and considered.

This criminal appeal assails the judgment dated 28.06.2019 passed in ST.No.170/2013 by II Additional Sessions Judge, Mungaoli, Ashok Nagar (M.P.) whereby appellant No.2 Beni Bai has been convicted and sentenced as under with default stipulation :-

Sections

Imprisonment

Fine

302/34

LI

Rs.500/- with default stipulation

Learned counsel for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for suspension of sentence is made out.

Considering the fact that appellant No.2-Beni Bai is a woman aged more than 70 years with old and ailing health, who has suffered incarceration of five years including pre and post conviction period as against LI awarded and that there is no likelihood of early disposal of the present appeal in the near future due to ongoing Covid-19 pandemic crises, without entering into the merits of the matter, this Court is inclined to grant bail to appellant No.2 Beni Bai by way of suspension of sentence.

Accordingly, without expressing any opinion on merits, IA.8631.2020 is allowed and it is directed that the jail sentence of appellant No.2 Beni Bai will remain under suspension subject to verification that the amount of fine has been deposited, on appellant No.2 Beni Bai 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 18.01.2021 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.2 Beni Bai 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.

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 No.2 Beni Bai during period of suspension of sentence as a consequence of this order.

Appellant No.2 Beni Bai as a Shiksha Swayamsewak shall render physical and financial assistance to Govt. Primary School situated nearest to her residence for ensuring hygiene and sanitation and for removing deficiencies of infrastructural amenities in the said School from the skill/resources of appellant No.2 Beni Bai. (अपीलार्थी क्र.2 बेनी बाई एक शिक्षा स्वयंसेवक के रूप में अपने निवास के निकट अवस्थित सरकारी प्राथमिक विद्यालय में स्वच्छता और आरोग्य को सुनिश्चित करने के लिए शारीरिक एवं वित्तीय सहायता प्रदान करेगी तथा अपने कौशल व संसाधनों से उक्त विद्यालय में अवसंरचनात्मक सुविधाओं की कमियों को दूर करेगी।)

Appellant No.2 Beni Bai after selecting a particular Govt. Primary School shall inform about the same to the office of Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area), within whose territorial jurisdiction the said school is situated. (अपीलार्थी क्र. 2 बेनी बाई एक विशिष्ट प्राथमिक सरकारी स्कूल का चयन करने के पश्चात् इसके बारे में ग्राम पंचायत के कार्यालय (ग्रामीण क्षेत्र के मामले में) और/या सम्बंधित वार्ड के वार्ड अधिकारी (शहरी क्षेत्र के मामले में) जिसके क्षेत्राधिकार में उक्त स्कूल अवस्थित है, को सिचत करेगी।)

It will be joint responsibility of Sarpanch and Secretary of said Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area) to preserve the said information provided by appellant No.2 Beni Bai and pass it on to the concerned PLV. (यह, सम्बंधित वार्ड के वार्ड अधिकारी (शहरी क्षेत्र के मामले में) और/या उक्त ग्राम पंचायत के सरपंच और सचिव (ग्रामीण क्षेत्र के मामले में) की संयुक्त जिम्मेदारी होगी कि, अपीलार्थी क्र. 2 बेनी बाई द्वारा प्रदत्त सूचना को संरक्षित करे एवं सम्बंधित पी एल वी को हस्तांतरित करें।)

The Registry of this court shall communicate this order through Legal Aid Officer, SALSA, Gwalior to the Collector, District Education Officer, Block Education Officer of the district/block concerned for information and compliance.

A copy of this order be supplied to the Legal Aid Officer, SALSA, Gwalior who is directed to communicate this order to the Paralegal Volunteers of the area concerned to verify as to whether appellant No.2 Beni Bai has complied with abovementioned condition or not and submit report once every month.

In case report regarding abovementioned is not filed or report is found to be wanting in any manner then Registry is directed to list this matter as PUD before appropriate Bench.

Appellant No.2 Beni Bai has gracefully volunteered to donate Rs.10,000/-(Rs. Ten Thousand Only) in the account of the High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the courts owing to ongoing Covid19 pandemic. This Court has no manner of doubt that the office bearers and the Senior members of the Bar shall ensure that the donation reaches the rightful and deserving claimants. Let the donation be deposited within seven (7) working days from the date of her release.

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

C.c as per rules.