Citation : 2022 Latest Caselaw 8764 MP
Judgement Date : 1 July, 2022
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1596 of 2013 (SUKARWATI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 01-07-2022 Mrs. Archana Tiwari, learned counsel for the appellant.
Mr. D.K. Paroha, learned Government Advocate for the State. The appeal is admitted for hearing.
Heard on I.A. No.3524/2022, which is an application filed on behalf of the appellant- Sukarwati for suspension of sentence and grant of bail.
This is fifth bail application for suspension of sentence. Earlier four
applications have been dismissed as withdrawn on 19.07.2013, 13.10.2016, 30.06.2017 and 11.01.2019, respectively.
By the impugned judgment dated 11.06.2013 passed by learned Sessions Judge, Chhindwara in Sessions Trial No.310/2012, the appellant has been convicted for offences punishable under Section 302/120-B of the Indian Penal Code and has been sentenced to undergo R.I. for 3 months with fine of Rs.500/- and stipulated default.
Learned counsel for the appellant has submitted that appellant is the wife of the deceased Pancham. There was an allegation against her, due to illicit
relationship with the other appellant, she gave poison to her husband in his food, due to which he died, at the house of the appellant itself, then dog also died after consuming the same food. There are sufficient evidence on record which establishes that appellant is involved in the offence, although she is a lady and served 10 years of sentence till now, disposal of this appeal will take Signature Not Verified SAN considerable time, therefore, the jail sentence of the appellant may be suspended Digitally signed by APARNA TIWARI Date: 2022.07.05 15:15:30 IST and she may be released on bail.
But looking to the facts and circumstances of the case, we are not inclined to enlarge her on bail, because appeal is pending since year, 2013. Hence, it is directed to list this case in the month of August, 2022 for early disposal/ final hearing of the case.
Accordingly, I.A. No.3524/2022 is rejected. List for final hearing in due course.
(SMT. ANJULI PALO) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
AT
Signature Not Verified
SAN
Digitally signed by APARNA TIWARI
Date: 2022.07.05 15:15:30 IST
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