Madhya Pradesh High Court
Seemabai vs The State Of Madhya Pradesh on 22 April, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3653 of 2022
(SEEMABAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 22-04-2022
Shri Nishank Pal Verma, learned counsel for the appellants.
Shri Pramod Kumar Choubey, learned Deputy Government Advocate for
the respondent/State.
Shri Choubey takes notice of appeal on behalf of the respondent/State.
Now there is no need to issue further notice to the respondent/State.
Call for the trial Court record.
Heard on I.A.No.6767/2022, an application under Section 389(1) of
Cr.P.C. for suspension of jail sentence and grant of bail to the appellants pending
the appeal.
T h e appellants have been convicted for commission of offence under
Section 420 of IPC and have been sentenced to undergo R.I for 3 years and fine
of Rs.2000/- with default stipulations by the learned Second Additional Sessions
Judge, Ashta, District-Sehore (MP) vide judgment dated 13.04.2022 passed in ST
No. 77/2021 (State of MP Vs. Seemabai and others).
Learned counsel for the appellants have submitted that during trial appellants
were on bail and they have not misused the liberty granted to them by way of bail.
appellants are women. They have been sentenced only for three years. Learned
counsel further submitted that they have fair chance to succeed in appeal. There is
no possibility of coming this appeal for hearing in near future. Therefore, if the jail
sentence is not suspended, this appeal would become futile. Learned counsel
further submitted that there is no evidence against the appellants on the record.
Learned trial Judge has misappreciated the evidence and misread the evidence on
record.
O n the other hand, learned Deputy Government Advocate for the
respondent/State has opposed the prayer for grant of bail to the appellants.
I have gone through the impugned judgment and findings recorded by the
Signature Not Verified
SAN
trial Judge, appellants have been on bail during trial and they have not misused the
liberty granted to them by way of bail. Hence, I deem it proper to suspend the
Digitally signed by LALIT SINGH RANA
Date: 2022.04.23 10:32:44 IST
remaining jail sentence of the appellants because final hearing of this appeal is not
possible in near future.
Consequently, I.A.No.6767/2022 is allowed. The execution of jail sentence
o f appellants- Seemabai and Souram Bai is hereby suspended subject to
depositing the fine amount, (if not already deposited). It is directed that the
appellants be released on bail on their furnishing a personal bond to a sum of
Rs.40,000/- (Rupees Forty thousand only) 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 on 15.09.2022 and also on such other dates, as may
be fixed by that Court in this regard during the pendency of this appeal.
List the case for argument on admission after receipt of the record.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
L.R.
Signature Not Verified
SAN
Digitally signed by LALIT SINGH RANA
Date: 2022.04.23 10:32:44 IST
