Smt. Sheetla Sikarwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 14258 MP

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                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT GWALIOR
                                                        CRA No. 944 of 2022
                                     (SMT. SHEETLA SIKARWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-11-2022
                                  Shri Arun Pateria - Advocate for appellant No.1 - Smt. Sheetla

                           Sikarwar.
                                  Shri V.P.S. Tomar - Panel Lawyer for the respondent/State.

Heard on I.A. No.5370/2022, first application under Section 389(1) of Cr.P.C. moved on behalf of appellant No.1 - Smt. Sheetla Sikarwar for suspension of his jail sentence.

This Criminal Appeal assails the judgment dated 18.01.2022 passed in Sessions Trial No. 2900151/2016 whereby, appellant stand convicted under Section 304-B and sentenced to undergo 10 years RI.

Learned counsel for the appellant submits that the appellant was on bail during trial and she did not misuse the liberty so granted to her. It is further submitted that the trial Court has wrongly convicted the appellant without proper appreciating the evidence. Appellant No.1 is a widow lady aged around 6 0 years. Further, the appellant is in custody from the date of judgment i.e. 18.01.2022 and jail sentence of co-convict appellant No.2 - Roopsingh Sikarwar

has already been suspended by this Court. Final hearing of this appeal will take long time. Considering the aforesaid facts, learned counsel for the appellant prayed to suspend the jail sentence and grant of bail to appellant No.1.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 03-11-2022 06:01:13 PM

Considering the arguments advanced by learned counsel for the parties and particularly the age of appellant No.1 who is around 60 years and jail sentence of co-convict appellant No.2 - Roopsingh Sikarwar has already been suspended by this Court, I.A.No.5370/2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant No.1 - Smt. Sheetla Sikarwar shall remain suspended and he be released on bail. The appellant is further directed to mark her appearance before the Office of this Court on 03/01/2023 and on subsequent

dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Shubhankar

Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 03-11-2022 06:01:13 PM