Alkesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 383 MP

                                    1                                 CRA-2144-2020
         The High Court Of Madhya Pradesh
                  CRA No. 2144 of 2020
                 (ALKESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 07-01-2022
       Mr. Manish Datt, learned senior counsel with Mr. Siddharth Datt,

learned counsel for the appellants.
       Mr. S.K. Malvi, learned Panel Lawyer for respondent -State.

Heard on admission.

This appeal is admitted for hearing.

Heard on I.A. No.11613/2020 which is an application for suspension

of sentence and grant of bail on behalf of the appellants.

At the threshold, learned senior counsel for the appellants submits that this application may be permitted to be withdrawn for appellant No.1 with liberty to file afresh.

In absence of opposition, prayer allowed.

Accordingly, the application stands dismissed as withdrawn with the aforesaid liberty as far as it relates to appellant no.1 Alkesh.

Appellant No.2 Sushila, who has been convicted vide judgment dated 28.01.2020 passed by First Additional Sessions Judge, Multai, District-Betul

(M.P.) in S.T. No.35/2019 for commission of offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo for Life Imprisonment with fine of Rs.5,000/- with usual default stipulation.

Learned senior counsel for appellant No.2 submits that as per prosecution story, the appellant No.2 was aged about 50 years in the year 2018. She is a housewife. As per allegations, she used a stone to assault the deceased. By taking this Court to the injuries, it is submitted that the appellant No.2 has falsely been arraigned. The final hearing of this appeal is not possible in near future. The appellant No.2 being a woman and housewife may be given benefit of suspension of sentence and grant of bail.

Learned Panel Lawyer for the State has vehemently opposed the prayer on the basis of objection.

2 CRA-2144-2020 We have heard learned counsel for the parties, and perused the record and objection.

We deem it proper to suspend the remaining jail sentence of the appellant No.2 Sushila being a woman and housewife coupled with the fact that she allegedly used stone to assault the deceased. Considering the

aforesaid I.A. No.11613/2020 is allowed and the remaining jail sentence of appellant No.2 is hereby suspended and it is directed that the appellant No.2 be released on bail on her furnishing a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount by the appellant No.2 to the satisfaction of the trial court with a further direction to appear before the trial Court Betul on 22.06.2022 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

The application is partly allowed.

List the appeal for final hearing in due course.

Certified copy as per rules.

                                       (SUJOY PAUL)                                   (ARUN KUMAR SHARMA)
                                          JUDGE                                               JUDGE

                                  julie




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Digitally signed by JULIE SINGH
Date: 2022.01.07 16:48:46 IST