Bindibai Kushwaha vs The State Of Madhya Pradesh
2021 Latest Caselaw 160 MP

                                  1                                CRA-619-2021
          The High Court Of Madhya Pradesh
                     CRA-619-2021
          (BINDIBAI KUSHWAHA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

3
Jabalpur, Dated : 24-02-2021
      Mr. Ayush Choubey, learned counsel for the appellant.
      Ms. Seema Jaiswal, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence admitted for hearing. Heard on I.A.No.1445/2021, which is first application for suspension

o f sentence and grant of bail to the appellant who stands convicted vide judgment dated 08.01.2021 passed by learned Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (in short 'the 1989 Act'), Katni in SCATR No.200006/2014 for offences punishable under Sections 471 and 120 (B) of the Indian Penal Code and Section 3 (1) (iv) of the 1989 Act and sentenced to undergo R.I. for three years and RI for one year, respectively and fine of Rs.5,000/- on each count with default stipulation.

Learned counsel for the appellant submits that the appellant has been

sentenced to undergo RI for three years only. The trial Court has already suspended the sentence till 08.03.2021. It is contended that the trial Court has not considered the evidence on record properly. The final disposal of this appeal would take considerable time, hence, the substantive jail sentence of the appellant be suspended and he be granted bail.

Learned Panel Lawyer for the State has vehemently opposed the bail application.

Considering the facts and circumstances of the case and taking into account the period of sentence imposed on the appellant, without commenting upon the merits of the case, I.A. No.1445/2021 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with a Surety in the like amount to the 2 CRA-619-2021 satisfaction of the trial Court concerned, the remaining part of the substantive ja il sentence imposed upon appellant- Bindibai Kushwaha shall remain suspended during the pendency of this case and she be released on bail. The appellant shall appear before the concerned trial Court on 06.07.2021 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.1445/2021 stands disposed of. List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

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Signature Not Verified SAN

Digitally signed by KOUSHLENDRA SHARAN SHUKLA Date: 2021.02.24 17:22:54 IST