Pawan Garg vs The State Of Madhya Pradesh
2022 Latest Caselaw 6921 MP

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                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                              CRA No. 3096 of 2022
                 (PAWAN GARG AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 07-05-2022
       Shri A.K.Jain, learned counsel for the appellants.

       Shri Yogesh      Dhande,        learned   Government Advocate      for   the
respondent/State.

I.A.No.5651/2022 first application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.3- Smt.Gayatri Bai is taken up.

The appellant No.3 has been convicted under Section 302/34 of IPC and sentenced to undergo imprisonment for life and fine of Rs.5000/- with default stipulations.

By taking this Court to the prosecution story learned counsel for the appellants submits that on 22.5.2018 at around 9:00 am, a sudden quarrel had taken place regarding fetching water from the Panchayat tap. Learned counsel for the appellants submits that main accused is Pawan Garg who allegedly assaulted deceased- Acchelal by means of a lathi. Appellant No.3-Gayatri Bai allegedly used fists and kicks to assault the deceased. The reason of death is head injury.

Appellant is aged about 50 years. She is in custody since the date of judgment. The final hearing of this appeal is not possible in near future. The remaining jail sentence may be suspended.

T h e prayer is opposed by Shri Yogesh Dhande, learned Government Advocate.

Considering the fact that appellant No.3-Gayatri Bai is a women, the case is made out for suspension of sentence, thus without expressing any conclusive opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of appellant No.3- Gayatri Bai.

Accordingly, I.A. No.5651/2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant No.3- Gayatri Bai is hereby suspended and it is directed that on furnishing a personal bond for a sum of Rs.30,000/-

(Rupees Thirty Thousand Only) along with surety in the like amount to the satisfaction of the trial Court by the appellant, she shall be released on bail with a

further direction to remain present before the Trial Court, Katni on 29 th August, 2022 and on such other dates as fixed by the trial court in this regard during the

pendency of this appeal.

C.C as per rules.

                                          (SUJOY PAUL)                                     (DWARKA DHISH BANSAL)
                                             JUDGE                                                JUDGE

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Date: 2022.05.07 16:40:43 IST