Ram Singh @ Chuttu Bhaiyya vs The State Of Madhya Pradesh
2022 Latest Caselaw 6000 MP

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                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT JABALPUR
                              CRA No. 5470 of 2018
        (RAM SINGH @ CHUTTU BHAIYYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 23-04-2022
      Shri Siddharth Datt, Advocate for the appellants.

      Shri A.S. Baghel, Dy. Govt. Advocate for the respondent/ State.

Heard on IA No.4305/2020, for suspension of sentence and grant of bail filed on behalf of the appellant No.9 Manju Bai is taken up.

T he appellant No.9 has been convicted vide judgment dated 09.07.2018 passed by the First Additional Sessions Judge Narsinghpur, District Narsinghpur

(M.P.) in S.T. No.320/2016 for commission of offences punishable under Sections 148, 325/149, 302/149, 302/149 (two counts) and 506 of the Indian Penal Code and sentenced to undergo RI for one year with fine of Rs.2,000/-, RI for two years with fine of Rs.3,000/-, life Imprisonment with fine of Rs.5,000/- and RI for two years with fine of Rs.2,000/- respectively with default stipulations.

Learned counsel for the appellants submits that the appellant No.9 is in custody since 20.09.2016 and she has completed about five years in actual custody. It is submitted that the appellant No.9 is a housewife and there is no possibility of final hearing of this appeal in near future. Considering the aforesaid

aspects and period of custody, the appellant No.9 may be given benefit of suspension of sentence.

Prayer is opposed by learned Govt. Advocate for the State. We have heard learned counsel for the parties, and perused the record and the objection.

Since the appellant No.9 is a housewife aged about 48-49 years and remained in custody for more than five years, we deem it proper to suspend the remaining jail sentence of the appellant No.9.

Subject to depositing the fine amount, (if not already deposited), the remaining jail sentence of the appellant No.9 is hereby suspended.

Accordingly, I.A. No.4305/2020 is allowed. The execution of jail sentence of appellant No.9 is hereby suspended and it is directed that appellant No.9 Manju Bai be released on bail on her furnishing a personal bond for a sum of

Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear

before the trial Court, Narsinghpur on 29 th of August 2022 and also on such other dates, as may be fixed by the trial.

Case be listed for final hearing in due course.

Certified copy/e-copy as per rules.

                                        (SUJOY PAUL)                                         (ARUN KUMAR SHARMA)
                                           JUDGE                                                    JUDGE

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Date: 2022.04.25 10:48:19 IST