Nirmala vs The State Of Madhya Pradesh
2022 Latest Caselaw 6918 MP

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                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                  CRA No. 4595 of 2017
                                            (NIRMALA Vs THE STATE OF MADHYA PRADESH)

           Dated : 07-05-2022
                   Shri V.S. Choudhary, learned counsel for the appellant.

                   Shri D.K. Paroha, learned Government Advocate for the respondent/ State.

Heard on IA No.4958/2021, for suspension of sentence and grant of bail to appellant Nirmala is taken up.

A perusal of judgment reveals that the appellant has been convicted under Section 302 of the IPC and has been sentenced to undergo life imprisonment with fine of Rs.1,000/- with

default stipulation.

Learned counsel for this appellant submits that the appellant is a housewife and having two children and is in custody since 31.10.2015. Although there exist dying declaration and the first information report lodged by the deceased, both are doubtful because the dying declaration is pregnant with alleged thumb impression of deceased whereas the doctor recording the statement (PW-10) deposed that her hand was badly burnt. The final hearing of this appeal is not possible in near future and considering the period of custody already undergone by the appellant, it has been prayed that the jail sentence of the appellant be suspended and she be released on bail.

The learned Government Advocate for the State opposed the prayer. We have heard the parties and perused the record.

Considering the aforesaid and indisputably, the appellant is the housewife and is having two children and is in custody since 31.10.2015 without expressing any conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant, hence IA No.4958/2021 is allowed and subject to depositing the fine amount, (if not already deposited) remaining jail sentence of the appellant is hereby suspended.

It is directed that the appellant Nirmala be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Betul on 14.11.2022 and also on such other dates, as Signature SAN Verified may Not be fixed by the trial Court.

Digitally signed by SC.C. as per rules.

HUSHMAT
HUSSAIN
Date: 2022.05.07
17:44:01 IST

     (SUJOY PAUL)       (DWARKA DHISH BANSAL)
        JUDGE                  JUDGE
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