Baijanti Bhujwa vs The State Of Madhya Pradesh
2022 Latest Caselaw 1478 MP

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          The High Court Of Madhya Pradesh
                   CRA No. 6100 of 2021
            (BAIJANTI BHUJWA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 02-02-2022
      Heard through Video Conferencing.

      Mr. L.A.S. Baghel, learned counsel for the appellant No.2 Guddan
Bhujwa.
      Mr. Dilip Parihar, learned PL for the respondent/State.

Record of the Court below has been received.

B y the impugned judgment dated 20.09.2021 passed by First

Additional Sessions Judge, Rewa in Sessions Trial No.39/2018 the appellant No.2 Guddan Bhujwa has been convicted under sections 323 read with section 34 of the IPC and was directed to pay a fine in the sum of Rs.500/- with default stipulations.

Considered I.A.No.18482/2021, which is first application under section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of bail on behalf filed on behalf of appellant No.2- Guddan Bhujwa.

Learned counsel for the appellant submits that the appellant has filed a document no.1353/2022 showing that she has given a birth to a child on

17.01.2022 and also looking to the short period of sentence involved in the case and also the fact that the final hearing of the appeal is not possible in near future, therefore, it has been prayed that the jail sentence of the appellant be suspended.

Learned Panel Lawyer has opposed the prayer for suspension of sentence.

Considering the short sentence involved in the case and the fact that final hearing of the appeal is not possible in near future as also the fact that the appellant has given a birth to a child, we deem it appropriate to suspend the jail sentence of the appellant No.2 Guddan Bhujwa by allowing the IA No.18482/2021.

It is directed that subject to depositing the fine amount, if not already

deposited and on furnishing a personal bond in a sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imp o s ed upon appellant No.2 namely, Guddan Bhujwa shall remain suspended during the pendency of this case and she shall be released on bail.

The appellant no.2 Baijanti Bhujwa shall appear before the concerned

trial Court at Rewa on 25.08.2022 and on all such subsequent dates, as may be fixed in this regard during pendency of this appeal.

C.c. as per rules.

                                             (SUJOY PAUL)                                (ARUN KUMAR SHARMA)
                                                JUDGE                                           JUDGE

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Date: 2022.02.03 15:34:18 IST