Mohbai @ Munnibai vs The State Of Madhya Pradesh
2021 Latest Caselaw 4746 MP

                                   1                                CRR-982-2021
        The High Court Of Madhya Pradesh
                   CRR-982-2021

(MOHBAI @ MUNNIBAI Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 26-08-2021 Heard through Video Conferencing.

Shri bhupendra Shukla, Advocate for the applicant. Shri Yogesh Mishra, P.L. for the State.

Heard on the question of admission.

Revision is admitted for final hearing.

Record of the Courts below is available.

Also heard on I.A.No.5108/2021, which is an application for suspension of sentence and grant of bail to the applicant.

The revision has been preferred under Section 397/401 of the Cr.P.C., 1973 by the applicant against impugned judgment dated 17.07.2015 in Cr.A.No.88/2013 passed by Addl. Sessions Judge Bina District Sagar (M.P)., arising out of the judgment and findings dated 15.01.2013 passed by JMFC Bina, District Sagar in CR. Case. No.737/2012 and convicted the applicant for the offence punishable under Section 25(1-B)(A) read with section 4 (six

counts) of the Arms Act and has been sentenced to undergo R.I. for three years with fine of Rs.1000/- with default stipulation.

Learned counsel for the applicant submits that the applicant has already deposited the fine amount. She was on bail during the trial and did not misuse the liberty granted to her. Independent seizure witnesses have been turned hostile. There are fair chances to succeed in the case. Final hearing of this revision will take time. Therefore, the application filed on behalf of the applicant may be allowed and period of her remaining jail sentence may be suspended and she may be released on bail.

On the other hand, learned PL opposed the bail application and prayed for rejection of the same.

Considering the contentions of learned counsel for the parties and 2 CRR-982-2021 looking to the facts and circumstances of the case and revision will take time for its final disposal but without expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the applicant and grant bail to her.

Consequently, I.A.No.5108/2021 is allowed subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the

applicant shall remain suspended during the pendency of this revision.

Applicant Mohbai @ Munnibai b e released from custody on her furnishing a personal bond in the sum of Rs.30,000/- with one solvent surety in the like amount to the satisfaction of the Trial Court. The applicant shall appear and mark her presence before the Registry of this Court on 16.12.2021 and on subsequent dates as may fixed by the office from time to time till final disposal of the case.

List this case for final hearing in due course. Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

pn

Signature Not Verified SAN

Digitally signed by PANKAJ NAGLE Date: 2021.08.26 17:35:23 IST