Smt. Sudha @Sushma Bai vs The State Of Madhya Pradesh
2021 Latest Caselaw 1520 MP

                                                                    1                              CRA-2782-2019
                                         The High Court Of Madhya Pradesh
                                                    CRA-2782-2019
                                         (SMT. SUDHA @SUSHMA BAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                 14
                                 Jabalpur, Dated : 22-04-2021
                                        Heard through Video Conferencing.
                                        Shri Ashish Tiwari, learned counsel for the appellant.
                                        Shri Pradeep Gupta, learned GA for the respondent / State.

Heard o n IA No.2890/2021, an application for suspension of custodial sentence passed against the appellant no.1 Smt. Sudha @

Sushma Bai, appellants No.2 Bhagwandas and appellant No.3 Khilan.

This appeal has been preferred against the judgment dated 06.03.2019 passed by Second Additional Sessions Judge, Tikamgarh (M.P.) in Sessions Trial No.160/2013 whereby learned Judge found appellant no.1 and 2 guilty for the offences punishable under Section 419 read with Section 109 of IPC and sentencing them to undergo RI for 2 years and 3 years respectively along with fine of Rs.1,000/- each and appellant no.3 for the offences punishable under Section 419 and 420 of IPC and sentencing him to undergo RI for 2 years and 3 years respectively along with fine of Rs.1,000 with default

stipulations.

Learned counsel for the appellants submitted that earlier appellants filed I.A.No.5904/2019 for suspension of sentence and grant of bail and Coordinate Bench of this Court vide order dated 06.03.2019 temporarily suspended the custodial sentence of appellants. It is further submitted that due to some unavoidable circumstances, counsel for the appellants could not ap p ear before the Court for final arguments on the said application (I.A.No.5904/2019), therefore, Coordinate Bench of this Court vide order dated 22/01/2020 dismissed the said application. Thereafter, appellants surrendered before the trial Court on 17.02.2021. On that learned trial Court sent them into judicial custody and since then the appellants are in custody. Signature Not Verified SAN Hence prayed for suspension of jail sentence and release of appellants on bail

Digitally signed by MANOJ NAIR Date: 2021.04.22 13:18:59 IST 2 CRA-2782-2019 since the hearing of the appeal will take time.

Learned counsel for the State opposed the prayer. Looking to the facts and circumstances of the case, the fact that the appellants are in custody since 17.02.2021, so they learnt the lesson and according to listing policy the hearing of this appeal is likely to take a long time, the application is allowed and it is directed that the execution of the jail

sentence alone passed against the appellants shall remain suspended during the pendency of this appeal and they be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one surety each in like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 25/08/2021 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

List the matter for admission after four weeks. C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

mn

Signature Not Verified SAN

Digitally signed by MANOJ NAIR Date: 2021.04.22 13:18:59 IST