Gyanvati Bai vs The State Of Madhya Pradesh
2021 Latest Caselaw 6201 MP

      THE HIGH COURT OF MADHYA PRADESH
                          CRA.2494/2017
                (Gyanwati Bai Vs. State of M.P.)
                                                                       1

Jabalpur, Dated : 29 / 09 / 2021
       Shri Arun Kumar Vishwakarma, counsel for the appellant
       Shri Pradeep Dwivedi, P.L. for the respondent / State.

Appellant Gyanwati Bai is produced by the escort from Central Jail, Jabalpur in compliance of the production warrant issued by this Court vide order dated 23.09.2021. Her presence may be marked and she be send back to concerned jail with the same escort.

Heard on I.A.No.5486/2021, which is an application for suspending the condition of depositing the fine amount.

This appeal has been preferred against the judgment dated 11.04.2017 passed by learned Third Additional Sessions Judge, Mandla in S.T.No.61/2015, whereby learned Additional Sessions Judge found the appellant guilty for the offence punishable under Sections 363/ 34, 342/34, 370/34 of the IPC and sentenced her to undergo R.I. for 3 years with fine of Rs.1,000/-, R.I. for 6 months with fine of Rs.500/-and R.I. for 10 years with fine of Rs.5,000/- respectively with default clause.

Learned counsel for the appellant submitted that the coordinate Bench this Court vide order dated 29.11.2018 suspended the jail sentence of appellant and directed to release her on bail subject to depositing fine amount of Rs.6500/-, but since the financial condition of the appellant is not good and she is not in a position to deposit the fine amount, therefore, the appellant is still in jail. Hence, it is prayed that the condition to deposit the fine amount of Rs.6500/- be also suspended.

Considering the fact that appellant is poor lady and despite the order dated 29.11.2018, the applicant could not deposit the fine amount of Rs.6500/- and she is continued to be in jail, application THE HIGH COURT OF MADHYA PRADESH CRA.2494/2017 (Gyanwati Bai Vs. State of M.P.)

(I.A.No.5486/2021) is allowed and it is directed that execution of the jail sentence as well as fine imposed against the appellant shall remain suspended during the pendency of this appeal and she be released on bail upon furnishing personal bond in the sum of Rs.60,000/- (Rs. Sixty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for her appearance before the Registry of this Court on 21.12.2021 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Since the appeal seems to be arguable, hence it is admitted for final hearing.

List the case for final hearing in due course.

                                                                               (Rajeev Kumar Dubey)
sarathe                                                                              Judge




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          Date: 2021.09.29 16:34:08 +05'30'