Durga Bai vs The State Of Madhya Pradesh
2022 Latest Caselaw 16533 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 11517 of 2022
                                          (DURGA BAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 13-12-2022
                                 Shri Arun Nema - Advocate for the appellants.

                                 Shri Manoj Kushwaha - Panel Lawyer for the respondent/State.

Call for the record of Trial Court.

Heard on I.A. No.23357/2022, application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellants pending the

appeal.

Appellant No.1-Durga Bai Patel has been convicted for commission of offence under Section 323 of IPC and has been sentenced to undergo R.I. for one years with fine of Rs.1000/- whereas appellant No.2-Bhupendra Patel has been convicted for commission of offence under Section 325 of IPC and has been sentenced to undergo R.I. for two years with fine of Rs.1000/- and Section 323 of IPC has been sentenced to undergo R.I. for six months and fine of Rs.500/-with default stipulations vide judgment dated 18.11.2022 delivered by Sessions Judge, Narsinghpur (M.P.) in Special Case No.29/2021 (State of

M.P. Vs. Durga Bai and another).

Learned counsel for the appellants has submitted that appellants have not committed any offence. They have been wrongly convicted by the trial Court. Learned counsel for the appellants has submitted that in the course of trial appellants were on bail, they have not misused the liberty granted by way of bail during trial. The appellants have fair chance to succeed in the appeal. Learned trial court has not properly appreciated the evidence of the prosecution witnesses and has also not considered the various contradictions and Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 12/14/2022 2:44:07 PM

omissions, appeared in the evidence of the witnesses. Therefore, it has been prayed that the execution of jail sentence of appellants be suspended and they be released on bail.

On the other hand, learned Panel Lawyer for the respondent/State has opposed the grant of bail to the appellants.

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellants.

Consequently, I.A. No.23357/2022 is allowed. The execution of jail sentence of appellants- Durga Bai a n d Bhupendra Patel is hereby

suspended subject to depositing the fine amount, (if not already deposited). I t is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty 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 9.5.2023 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 hearing on admission immediately after received of record.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

sm

Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 12/14/2022 2:44:07 PM