Citation : 2022 Latest Caselaw 8437 MP
Judgement Date : 24 June, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 982 of 2016
(RAJU KEWAT AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 24-06-2022
Ms. Rashi Dua, learned counsel for the appellant.
Shri Yogesh Dhande, learned G.A. for the respondent/State.
Heard on I.A. No.1542/2022 for suspension of sentence is taken up.
Ms. Rashi Dua seeks to withdraw this application.
Learned Government Advocate has no objection.
Accordingly, I.A.No.1542/2020 is withdrawn.
I.A.No.6552/2020, seeking suspension of sentence for appellant no.2
Ramku Bai is taken up.
The appellant has been convicted for offence punishable under Section
302/34 of IPC and sentenced to undergo R.I. for life with fine of Rs.2,000/-
with default stipulation.
Learned counsel for the appellant submits that although previous
application of appellant was dismissed on merits on 29.11.2017. Facts
remain that at the time of incident which occurred on 29.09.2011, the appellant was aged about 57 years. By now, she is aged about 67 years. Final hearing of this
appeal is not possible in near future. Appellant remained in custody during trial between 14.11.2011 to 17.05.2014. Thereafter, from the date of judgment i.e. 17.02.2016 she is again in custody. Remaining sentence of this old woman may be suspended.
The prayer is opposed by Shri Dhande, learned G.A.
Signature SAN Not Considering the period of custody of this old woman coupled with the Verified
Digitally signed by fact that final hearing is not possible in near future, we deem it proper to ANUPRIYA SHARMA CHOUBEY Date: 2022.06.25 12:30:52 IST
suspend the remaining jail sentence of this appellant- Smt. Ramku Bai. Accordingly, I.A. No 6552/2020 is hereby allowed.
It is directed that appellant- Ramku Bai be released on bail on her furnishing personal bond in the sum of Rs.30,000/-(Rs. Thirty Thousand) alongwith one surety in the like amount to the satisfaction of the trial Court with a further direction to appear before the Trial Court Teekamgarh for her appearance on 21.11.2022 and on such further dates as are given to her by this Court during the pendency of this appeal.
C.C. as per rules.
(SUJOY PAUL) (SMT. ANJULI PALO)
JUDGE JUDGE
anu
Signature
SAN Not
Verified
Digitally signed by
ANUPRIYA
SHARMA CHOUBEY
Date: 2022.06.25
12:30:52 IST
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