Guddi Bai vs The State Of Madhya Pradesh
2021 Latest Caselaw 8697 MP

                              01                     Cr.A. No.6673/2021

             HIGH COURT OF MADHYA PRADESH
                           Cr.A. No.6673/2021
                    (Guddi Bai vs. State of M.P. )
Gwalior, Dated: 13.12.2021
      Shri D.S. Rajawat, learned counsel for the appellant.

      Shri Manish Nayak, learned Panel Lawyer for respondent/State.

Heard on I.A.No.31517/2021, first application under Section

389 (1) of Cr.P.C. for suspension of sentence on behalf of the

appellant.

This criminal appeal has been filed against the judgment dated

25.10.2021 passed by First Additional Sessions Judge, Ashoknagar in

Session Trial No.10/2015 whereby the appellant has been convicted

and sentenced as under:-

  Section         Code        Punishment        Fine       Punishment,
                                                           if fine is not
                                                                paid
182           IPC             6 months            ''
193           IPC             3 years             ''
195           IPC             10 years      1000/-         6 months
211           IPC             1 year              ''
120-B         IPC             10 years      1000/-         6 months

It is submitted by the counsel for appellant Guddi Bai that the

appellant is in custody for 13 months. The trial Court has convicted

the accused of this case only on the basis of DNA report and the

sample of DNA was not collected as per rules. Rather, it was

collected after 3-4 months later of the incident. It is further submitted

ocular evidence does not support the prosecution case. As the

appellant is a lady and is in custody since last 13 months, there is no

any false complaint against the present appellant. Hence, considering

the evidence available on record, prayed to suspend the jail sentence

of the appellant and grant her bail.

Counsel for the State vehemently opposed the application and

prayed for its rejection.

Heard learned counsel for the parties and perused the materials

available on record.

Considering the arguments advanced by the learned counsel for

the appellant and the fact that the appellant is in custody since last 13

months, without commenting on merits of the case, application (I.A.

No. 31517/2021) is allowed and the remaining jail sentence of

appellant Guddi Bai is hereby suspended. It is hereby directed that

the appellant shall be released on bail on furnishing personal bond of

Rs.75,000/- (Rupees Seventy Five Thousand only) with one solvent

surety of the like amount to the satisfaction of the concerned Court.

The appellant is further directed to mark her appearance before the

Office of this Court on 11.02.2022 and on subsequent dates given by

the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

Certified copy/ e-copy as per rules/directions.

                                          (Rajeev Kumar Shrivastava)
van                                                Judge

             VANDANA VERMA
             2021.12.14
             11:34:48 -08'00'