Balli @ Naval Kishore @ Rakesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 9590 MP

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              HIGH COURT OF MADHYA PRADESH,
                      BENCH AT GWALIOR
                          CRA-1469-2022
( Balli alias Naval Kishore alias Rakesh & Anr. Vs. State of M.P.)


Gwalior, Dated : 13/07/2022

      Shri Anand Kumar Jaiswal, learned counsel for the

appellants.

      Shri Pramod Pachori, learned P.P. for respondent/State.

Heard on IA.No.10379/2022, first application u/Sec. 389(1)

of Cr.P.C. for suspension of sentence and grant of bail filed on

behalf of appellant No.2- Smt. Jaya Devi.

This Criminal appeal assails the judgment dated 21/01/2022

passed in S.T. No. 46/2019 by 8th Additional Sessions Judge,

Gwalior District Gwalior (M.P.), whereby the appellant has been

convicted and sentenced under Sections 328 and 380 of the IPC for

5 years R.I. and 3 years R.I with fine of Rs.2000/- and Rs.1000/-

respectively with default stipulations.

It is submitted by learned counsel for the appellant that

during trial appellant No.2 remained in custody from 29.10.2018 to

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-1469-2022 ( Balli alias Naval Kishore alias Rakesh & Anr. Vs. State of M.P.)

21.01.2022 and after judgment dated 21.01.2022 till today she is in

custody. She has a good case on merits. Final hearing of the appeal

will take time. Appellant No.1-Balli @ Naval Kishore @ Rakesh

has been extended benefit of suspension of sentence by this Court

by order dated 22.06.2022 passed in present criminal appeal.

Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and

prayed for its rejection.

Considering the facts and circumstances of the case, but

without commenting upon merits of the case, IA.No.10379/2022 is

allowed and it is directed that jail sentence of appellant No.2-Smt.

Jaya Devi will remain under suspension subject to verification that

amount of fine has been deposited, on appellant's furnishing bail

bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with

one solvent surety of the like amount to the satisfaction of

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-1469-2022 ( Balli alias Naval Kishore alias Rakesh & Anr. Vs. State of M.P.)

concerned Trial Court for her appearance before the Principal

Registrar of this Court on 12th December, 2022 and on such

further dates as may be fixed by the office in this regard till disposal

of the appeal.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ojha

YOGENDRA OJHA 2022.07.13 17:18:12 +05'30'