Baijanti Bhujwa vs The State Of Madhya Pradesh
2022 Latest Caselaw 1097 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 : 24-01-2022
      Heard through Video Conferencing.

      Mr. L.A.S. Baghel, learned counsel for the appellants.
      Mr. Ajay Tamrakar, learned PL for the respondent/State.

Record of the Court below has been received.

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 of appellant No.1- Baijanti Bhujwa.

Learned counsel for the appellants submits that the appellant no.1 Baijanti Bhujwa has surrendered before the trial Court on 22.01.2022 and the documents showing the same has already been filed through online mode.

B y the impugned judgment dated 20.09.2021 passed by First Additional Sessions Judge, Rewa in Sessions Trial No.39/2018 the appellant has been convicted under sections 323 read with section 34 of the IPC and fine in the sum of Rs.500/- with default stipulations.

Learned counsel for the appellant No.1 submitted that the appellant is

innocent and being a woman she been falsely implicated in the crime in question, therefore, her remaining jail sentence may kindly be suspended.

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

Considering the over all facts and circumstances of the case; the nature of offence/conviction coupled with the fact that the appellant no.1 is a woman, who is in jail and final disposal of this appeal would take considerable time, without commenting on merits of the case, the application for suspension of sentence is allowed.

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.1 namely, Baijanti Bhujwa shall remain suspended during the pendency of this case and she shall be released on bail.

The appellant no.1 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.

Learned counsel for the appellants submits that this matter be taken up in the next week for consideration of suspension of sentence of appellant no.2 so that the Court may be apprised about the surrender of the appellant no.2 Guddan Bhujwa.

As prayed by the counsel, list next week.

                                             (SUJOY PAUL)                                   (ARUN KUMAR SHARMA)
                                                JUDGE                                              JUDGE

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Date: 2022.01.26 10:39:41 IST