Deepak @ Deepchand vs The State Of Madhya Pradesh
2021 Latest Caselaw 8638 MP

                                1         HIGH COURT OF MADHYA PRADESH :
                                                     BENCH AT INDORE
                                                      CRA No.1365/2021
                                          Deepak @ Deepchand & Others Vs. State of MP

                                Indore: Dated:- 10/12/2021
                                      Shri Ashish Joshi, learned counsel for the appellant No.3 -

                                Chhotibai W/o Shri Babulal Dandwate.

                                      Shri Sudhanshu Vyas, learned Panel Lawyer for the

                                respondent/State.

Heard on IA No.3851/2021, which is Second application filed

under Section 389 (1) of Cr.P.C., for suspension of sentence and grant

of bail moved on behalf of the appellant No.3 - Chhotibai W/o Shri

Babulal Dandwate.

The conviction and sentence of the appellant No.3 - Chhotibai

W/o Shri Babulal Dandwate is as under:

Section Act Imprisonment Fine Imprisonment in lieu of Fine 302 IPC Life imprisonment 1,000/- 6 months R.I. 498-A IPC 1 year's R.I. 500/- 3 months R.I.

Learned counsel for the appellant submits that as per the age

mentioned in the impugned judgment this appellant was aged about 70

years in the year 2016. At present she is about 75 years of age. Her

age is wrongly mentioned in the array of parties of appeal memo.

Considering the age and omnibus allegations against her she may be

given benefit of suspension of sentence.

The prayer is opposed by the learned Panel lawyer. Signature Not Verified SAN We have heard the learned counsel for the parties and perused Digitally signed by NEERAJ SARVATE Date: 2021.12.10 18:58:00 IST 2 HIGH COURT OF MADHYA PRADESH :

BENCH AT INDORE CRA No.1365/2021 Deepak @ Deepchand & Others Vs. State of MP

the record.

Appellant is in custody since 17.05.2016. As per the date

mentioned in the impugned judgment, she is aged about 75 years at

present. Final hearing of this matter is not possible in near future.

Considering the age of this appellant coupled with the fact that she is

a woman, we deem it proper to suspend the remaining jail sentence of

the appellant No.3 - Chhotibai W/o Shri Babulal Dandwate.

Accordingly, IA No.3851/2021 is allowed. Execution of jail

sentence of the appellant is hereby suspended and it is ordered that the

appellant No.3 - Chhotibai W/o Shri Babulal Dandwate be released

on bail on her furnishing a personal bond for a sum of Rs.50,000/-

(Rupees Fifty Thousand Only) with one solvent surety of the like

amount to the satisfaction of the Sessions Court with a further

direction to appear before the Sessions Court, Dr. Bhimrao

Ambedkar Nagar, District Indore on 22.02.2022 and also on such

other dates, as may be fixed by the trial Court, Jhabua, in this regard

during the pendency of this appeal.

CC as per rules.

                                     (SUJOY PAUL)                                 (PRANAY VERMA)
                                        JUDGE                                          JUDGE

                                ns

Signature Not Verified
 SAN



Digitally signed by NEERAJ
SARVATE
Date: 2021.12.10 18:58:00 IST
                                 3   HIGH COURT OF MADHYA PRADESH :
                                               BENCH AT INDORE
                                                CRA No.1365/2021

Deepak @ Deepchand & Others Vs. State of MP

Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2021.12.10 18:58:00 IST