Madhya Pradesh High Court
Salma @ Guddi vs The State Of Madhya Pradesh on 15 July, 2021
Author: Vivek Rusia
- : 1 :-
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
(SINGLE BENCH: HON'BLE Mr. JUSTICE VIVEK RUSIA)
Criminal Appeal No.3796/2021
([email protected] Guddi V/s. The State of M.P.)
Date: 15.07.2021:
Shri Parichay Trivedi, learned counsel for the appellant.
Shri Siddharth Jain, learned panel lawyer for the
respondent/State.
Heard on I.A. No.16539/2021, which is first application under
Section 389 (1) of the Cr.P.C. for suspension of jail sentence filed on
behalf of the [email protected]
The present appeal has been filed against judgment dated
18.06.2021 passed by the Sessions Judge, Mandsaur in Sessions
Trial No.10/2018 whereby she has been convicted under section
304(2) of the IPC sentenced to three years of R.I.
Learned counsel for the appellant has submitted that the
learned trial Court has not properly appreciated the evidence came
on record and material omissions and contradictions have been
overlooked. Imprisonment for three years is on the higher side and
disproportionate to the alleged crime. The appeal is likely to take
considerable time for its final hearing and if his custodial sentence is
not suspended, the application may be rendered infructuous. He,
therefore, prayed that the custodial sentence of the appellant be
suspended and he be released on bail.
Learned counsel for the respondent opposes the application,
submitting that no sufficient ground is made out for releasing the
appellant on bail, hence the application filed by the appellant be
dismissed.
Considering the facts and circumstances of the case and the
arguments advanced by learned counsel for the parties, this Court is
of the considered opinion that the application for suspension of
- : 2 :-
custodial sentence moved on behalf of the appellant deserved to be
allowed.
Accordingly, I.A. No.16539/2021, is allowed and it is directed
that subject to depositing fine amount and on furnishing personal
bond by the appellant in the sum of Rs.40,000/- (Rupees Forty
Thousand only) with one solvent surety in the like amount to the
satisfaction of the learned trial Court for her appearance before the
Court, the execution of custodial part of the sentence shall remain
suspended, till the final disposal of this appeal.
The appellant after being enlarged on bail, shall mark her
presence before the registry of this Court on 24/01/2022 and on all
such subsequent dates, which are fixed in this regard by the Registry.
I.A. No.16539/2021 stands disposed of.
List the appeal for final hearing in due course.
Record of the Court below be requisitioned.
Certified copy, as per rules.
(VIVEK RUSIA)
JUDGE
Ajit
AJIT
Digitally signed by AJIT KAMALASANAN
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
BENCH INDORE, ou=HIGH COURT OF MADHYA
PRADESH BENCH INDORE, postalCode=452001,
KAMALASA
st=Madhya Pradesh,
2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba2
41effad892107d95ef0a1afc55b4,
pseudonym=CFDFD9C36711CA738F527A5D61A1EE
901C09EF29,
NAN
serialNumber=7F0BEE2D78BD57DA058F3247441C8
7E7E0817FB61F5E2ABCAEE63CAAA7B3B9FF,
cn=AJIT KAMALASANAN
Date: 2021.07.15 17:04:59 +05'30'
