Priyanka Rajpoot vs The State Of Madhya Pradesh
2022 Latest Caselaw 7210 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 1786 of 2022 (PRIYANKA RAJPOOT Vs THE STATE OF MADHYA PRADESH)

Dated : 12-05-2022 Shri B.J. Chourasiya, learned counsel for the applicant.

Shri D.K. Shukla, learned Panel Lawyer for the State. Heard on admission.

This revision seems to be arguable, therefore, admitted for hearing. Record of the Courts below be requisitioned. Also heard on I.A. No. 8247/2022, which is an application for

exemption for filing the certified copy of the judgment dated 14.02.2022.

For the reasons mentioned in the application, it is allowed. Exemption, as prayed for, is granted.

Also heard on I.A. No.8245/2022, which is an application for suspension of sentence and grant of bail to the applicant.

By the impugned judgment dated 14.02.2022 passed by Second Additional Sessions Judge, Nawgaon, District Chhatarpur in Criminal Appeal No.17/2019 the applicant has been convicted for offences under Sections 452 & 323/34 of the Indian Penal Code and sentenced to undergo R.I. for 1 year &

03 months and fine amount of Rs.400/- & Rs.200/- respectively, with default stipulations.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the crime in question. The learned courts below have not properly appreciated the oral and documentary evidence available on record. It is also submitted that the maximum sentence awarded to the applicant is one year. The applicant is in custody since 30.04.2022. She was

on bail during trial. Final disposal of this revision would considerable time. Therefore, prayer has been made to suspend the remaining jail sentence of the applicant.

Learned Panel Lawyer has opposed the prayer for suspension of sentence and grant of bail.

Considering the over all facts and circumstances of the case; nature of allegations against the applicant; sentence awarded by the courts below; period of custody; the applicant was bail during trial; and final disposal of this revision would take considerable time, the application for suspension of sentence is allowed.

It is directed that on depositing fine amount, if not already deposited, and furnishing a personal bond in the sum of Rs.40,000/-(Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon applicant - Priyanka Rajpoot shall remain suspended during the pendency of this revision and she shall be released on bail.

I.A.No.8245/2022 is allowed.

The applicant shall appear before the trial Court on 25.07.2022 and on all such subsequent dates, as may be fixed in this regard.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.05.13 18:59:37 IST