Fulmatiya Bai vs State Of Chhattisgarh
2023 Latest Caselaw 96 Chatt

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              HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                     Criminal Appeal No. 22 of 2023

 Fulmatiya Bai Wd/o Late Nandlal Dhanuhar, Aged About 55 Years R/o Village
  Keshalpur, Jhariyapara, Chowki Jatga, Police Station Katghora, District Korba
  Chhattisgarh.
                                                                     ---- Appellant
                                   Versus
 State Of Chhattisgarh Through Police Station Katghora, District Korba
  Chhattisgarh.
                                                                    ---Respondent

05.01.2023 Mr. Aditya Khare, counsel for the appellant.

Mr. Himanshu Sharma, Panel Lawyer for the State. Heard.

Admit.

Call for record.

Also, heard on application for suspension of sentence. By the impugned judgment dated 10.12.2022 passed by the learned Second Additional Sessions Judge, Katghora, District Korba (C.G.) in Sessions Case No. 47/2020, the appellant stands convicted, as under:-

                     Conviction                            Sentence
               U/s 201 of IPC           : R.I. for 3 years and fine of Rs.100/-, in

default of payment of fine, 1 month R.I.

Learned counsel for the appellant would submit that the

appellant has been awarded short sentence of three years and she has already remained in jail for 1 year, further the appeal being of the year 2022, final hearing of the same will likely to take time, the sentence be kindly be suspended. .

On the other hand, learned State counsel would submit that the appellant has rightly been convicted after appreciating the facts and materials available on record, hence, the application for suspension of sentence be kindly rejected.

Considering the fact that the maximum jail sentence awarded to the appellant is RI for 3 years and she has completed imprisonment of 1 year and further considering the fact that the appeal being of the year 2022, final hearing of the same will likely to take time, I am inclined suspend the sentence awarded to the appellant and release her on bail.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellant shall remain suspended and she shall be released on bail on executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for her appearance before the Registry of this Court on 8 th February, 2023. He shall thereafter appear before the Registry on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to her till the disposal of this appeal.

List this appeal for final hearing.

Sd/-

(Narendra Kumar Vyas) Judge kkd