Mayabai vs The State Of Madhya Pradesh
2022 Latest Caselaw 14559 MP

                           IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                           DIVISION BENCH :    HON'BLE SHRI JUSTICE VIVEK RUSIA
                                               HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)

                                           Criminal Appeal No.747 of 2012
                                        Mayabai v/s The State of Madhya Pradesh
                           Indore, dated 10.11.2022
                                 Shri Arpit Gupta, learned counsel for the appellant No.1.
                                 Shri    Bhaskar Agrawal,      learned   Government    for
                           respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing. Also heard on I.A. No.12118/2022, which is third application under Section 389 of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of appellant - Mayabai W/o Kailash Patidar. The first application was dismissed on 13.07.2018 for want of prosecution. The second application was dismissed on 31.10.2018.

The present appellant has been convicted for the offence punishable under Section 302/34 of the Indian Penal Code 1860 and sentenced to undergo Life Imprisonment along with fine of Rs.1,000/- with default clause to further undergo 3-3 months additional R.I., vide judgment of conviction and sentence dated 27.04.2012 passed by the Sessions Judge, Dhar, District-Dhar in Sessions Trial No.223/2010. The jail sentence

Signature Not Verified Signed by: PRAVEEN NAYAK Signing time: 11-11-2022 10:34:43 of co-accused has already been suspended vide order dated 01.08.2022 passed in CRA No. 590/2012.

Learned counsel for the appellant submits that the case is based on the circumstantial evidence. The appellant has been convicted as she happens to be the wife of deceased and had illicit relation with co-accused and apart from that no direct evidence has been collected against the appellant. Hence, his remaining jail sentence may be suspended.

Learned Government Advocate for the respondent / State opposes the application and prays for its rejection.

Considering the facts and circumstances of the case and argument advanced by learned counsel for the appellant, we deem it proper to suspend the remaining jail sentence of this appellant. Accordingly, I.A. No. 12118/2022 stands allowed.

The execution of remaining jail sentence of appellant - Mayabai W/o Kailash Patidar is hereby suspended and it is ordered that the appellant be released on bail upon her furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to depositing the fine amount (if not already deposited) with a further direction to appear before the Registry of this Court on

Signature Not Verified Signed by: PRAVEEN NAYAK Signing time: 11-11-2022 10:34:43 21.12.2022 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

List the appeal for final hearing in due course. Certified copy, as per rules.

                             (VIVEK RUSIA)                  (AMAR NATH (KESHARWANI))
                               JUDGE                                JUDGE
                           Divyansh




Signature Not Verified
Signed by: PRAVEEN
NAYAK
Signing time: 11-11-2022
10:34:43