Bhagatram vs The State Of M.P.
2021 Latest Caselaw 6994 MP

     The High Court Of Madhya Pradesh, Bench At Indore
                           Cr.A No.4259/2021
                    (Bhagatram and ors Vs. State of MP)             1

INDORE; DATED - 28/10/2021
      Shri Abhishek Rathore, learned counsel for the appellant.
      Ms.Vinita Phaye, learned counsel for the respondent/State.

Heard on IA No.19476/2021, which is first application filed under section 389 (1) of the Cr.P.C for suspension of sentence of appellant nos.6,7 and 8 namely Bhagudibai, Shamudibai and Parvatibai, who have been convicted under section 148, 323/34, 302/149 of the IPC and sentenced to undergo 2 year, 8 months and life imprisonment respectively.

Learned counsel for these appellants submits that as per prosecution story, the aforesaid appellants assaulted the deceased with Lathi and caused injury on his back and left hand. By taking this court to para 16 of the impugned judgment, it is submitted that no injury is found on the back of the deceased. There is no clear finding about the injury no.1. The appellants are housewives and have been falsely implicated in the case. The final hearing of this appeal will take time. The remaining jail sentence of these women be suspended.

The prayer is opposed by the learned counsel for the respondent/State.

Considering the aforesaid argument of learned counsel for these appellants and the fact that appellant nos.6,7 and 8 are women and are in custody from the date of judgment, coupled with the fact that final hearing of the matter is not possible in near future, we deem it proper to suspend the remaining jail sentence of the applicant, therefore, IA No.19476/2021 is allowed. The execution of jail sentence of applicant is hereby suspended and it is ordered that the applicant nos.6,7,8 be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rs.Thirty Thousand) each with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the Trial Court, Manasa, District Neemuch The High Court Of Madhya Pradesh, Bench At Indore Cr.A No.4259/2021

on 22.12.2021 and also on such other dates, as may be fixed by the trial Court, Manasa District Neemuch in this regard during the pendency of this appeal.

                  (Sujoy Paul)                      (Pranay Verma)
                    Judge                               Judge

        sourabh
Digitally signed by
SOURABH YADAV
Date: 2021.10.28
17:21:29 +05'30'