Citation : 2021 Latest Caselaw 9079 MP
Judgement Date : 21 December, 2021
1 CRA-7625-2021
The High Court Of Madhya Pradesh
CRA No. 7625 of 2021
(KIRAN @ SHEETLA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 21-12-2021
Ms. Rashi Dua, learned counsel for the appellant.
Mr. Vijay Kumar Pandey, learned Panel Lawyer for the
respondent/State.
Heard the appeal on admission. The appeal seems arguable, therefore admitted for hearing.
Let record of the Court below be called. Also heard on I.A.No.22249/2021, which is an application for under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the applicant/appellant - Kiran @ Sheetla.
By impugned judgment dated 30.11.2021 passed by IInd Additional Session Judge, Betul, District Betul (M.P.) in S.T. No.177/2010 the appellant has been convicted under Section 372 of the Indian Panel Code and sentenced to R.I. for 3 years with fine of Rs.2000/-, with default stipulations.
Learned counsel for the appellant submits that the appellant has been granted bail by the Court below till 29.12.2021. She has deposited the fine amount. The final disposal of instant appeal would take considerable time. Therefore, substantive jail sentence of the appellant be suspended and she be granted bail.
Learned Panel Lawyer for the State has opposed the prayer for bail.
Considering the overall facts and circumstances of the case, sentence awarded by the trial Court and in absence of previous criminal record of the appellant, without commenting upon the merits of the case, this application is allowed.
2 CRA-7625-2021 I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.40,000/-(Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon applicant - Kiran @ Sheetla shall remain
suspended during the pendency of this case and she shall be released on bail.
The appellant shall appear before the trial Court concerned on 06.04.2022 and on all such subsequent dates, as may be fixed in this regard during pendency of this appeal.
Accordingly, I.A.No.22249/2021 is allowed. List this case for final hearing in due course.
(SMT. ANJULI PALO) JUDGE
shahina
Signature Not Verified SAN
Digitally signed by SHAHINA KHAN Date: 2021.12.21 17:28:13 IST
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