Madhya Pradesh High Court
Shanti Bai Agariya vs The State Of Madhya Pradesh on 25 April, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3584 of 2022
(SHANTI BAI AGARIYA Vs THE STATE OF MADHYA PRADESH)
Dated : 25-04-2022
Shri Pranay Choubey, learned counsel for the appellant.
Shri Pramod Choubey, learned Dy. Government Advocate for the
respondent/State.
Shri Choubey, learned Dy. Government Advocate takes notice on behalf of
t h e 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.6674/2022, application under Section 389(1) of the
Cr.P.C. for suspension of sentence and grant of bail pending the appeal.
T he appellant has been convicted for commission of offence punishable
under Section 197 of IPC and has been sentenced to undergo 2 years R.I and fine
of Rs.2000/- with default stipulations by First Additional Session Judge, Kotma
District- Anuppur vide judgement dated 31.03.2022 passed in S.T.No.110/2012
(State of M.P. Vs. Shanti Bai Agariya).
Learned counsel for the appellant has submitted that appellant has been
released on bail by the trial Court till 29.5.2022 and during course of trial, she was
on bail and has not misused the liberty granted to her by way of bail. He further
submitted that the evidence of prosecution witnesses is full of omissions,
contradictions and discrepancies. She has fair chances to succeed in appeal.
Therefore, it has been prayed that the appellant be released on bail.
O n the other hand, learned Dy. Government Advocate has opposed the
application for grant of bail to appellant.
I have gone through impugned judgment and the finding recorded by the
learned trial Judge. Appellant was on bail during trial and has not misused the
liberty granted to her by way of bail. Appellant has been convicted with maximum
sentence of 2 years R.I.. There is no possibility of hearing of this appeal in near
Signature Not Verified
SAN
future. Therefore, having taken into consideration the arguments advanced by
learned counsel for the appellant and the finding recorded in the impugned
Digitally signed by DEEPA MISHRA
Date: 2022.04.25 15:46:41 IST
judgment, I deem it proper to suspend the remaining jail sentence of the
appellant.
Consequently, I.A.No.6674/2022 is allowed. The execution of jail sentence
of appellant- Shanti Bai Agariya is hereby suspended subject to depositing the
fine amount, (if not already deposited). It is directed that appellant be released
on bail on her furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty
thousand only) with one solvent surety in the like amount to the satisfaction of
t h e 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 this appeal for final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
Signature Not Verified
SAN
Digitally signed by DEEPA MISHRA
Date: 2022.04.25 15:46:41 IST
