Roopkali Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 1479 MP

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         The High Court Of Madhya Pradesh
                  CRA No. 1886 of 2017
                 (ROOPKALI YADAV Vs THE STATE OF MADHYA PRADESH)

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

      Ms. Archana Tiwari, learned counsel for the appellant.
      Shri S.K.Malvi, learned Panel Lawyer for the respondent/State.

Parties are heard on I.A. No.8891/2020, application for suspension of sentence and grant of bail of appellant Roopkali Yadav is taken up.

The appellant has been convicted under Section 302 of the I.P.C. and

sentenced to undergo R.I. for life imprisonment and fine of Rs.5000/- and under Section 201 of the I.P.C. to undergo R.I. for one year and fine of Rs.500/-, with default stipulation.

Learned counsel for the appellant submits that there was no eye witness to the incident. Merely because there is DNA report establishing the relation between appellant and the deceased child, offence under Section 302 of the IPC is not made out. The appellant is in custody sine 04/03/2016. The final hearing of this appeal is not possible in near future. He prayed that remaining jail sentence of the appellant may be suspended.

T h e prayer is opposed by learned Panel Lawyer for the respondent/State on the basis of findings of the judgment and statement of PW-2.

We have heard learned counsel for the parties, and perused the record and the objection.

Considering the fact that appellant remained in custody almost 6 years and final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of the appellant being a woman.

Subject to depositing the fine amount, (if not already deposited), the remaining jail sentence of the appellant is hereby suspended.

Accordingly, I.A.8891/2020 is allowed. The execution of jail

sentence of appellant Roopkali Yadav is hereby suspended and it is directed that the appellant 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 Registry of this Court on 01/08/2022 and also on such other dates, as may be fixed by the trial court in this regard

during the pendency of this appeal.

List for final hearing in due course.

Certified copy as per rules.

                                        (SUJOY PAUL)                                  (ARUN KUMAR SHARMA)
                                           JUDGE                                              JUDGE

                                     manju




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Date: 2022.02.03 14:18:44 IST