Nazia Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 15108 MP

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                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                  CRA No. 10410 of 2022
                                                           (NAZIA KHAN Vs THE STATE OF MADHYA PRADESH)

                                      Dated : 17-11-2022
                                              Mr. Ghanshyam Sharma, learned counsel for the appellant.

                                              Shri Satyapal Chadhar, learned G.A for the respondent/State.

Heard on I.A. No. 21303 of 2022, which is the first application filed on behalf of the appellant for suspension of sentence and grant of bail.

The appellant has been convicted by the impugned judgment passed by trial Court under section 326 of IPC and sentenced to undergo RI for 3 years

with fine of Rs.1000/- with default stipulation.

Learned counsel for the appellant has submitted that the maximum sentence awarded to the appellants is 03 years. It is also submitted that the jail sentence of the appellant is suspended by the trial Court till 27.11.2022. Disposal of this appeal would take considerable time, therefore, the custodial sentence of the appellant may be suspended and she may be released on bail.

Learned Government Advocate for the State has opposed the prayer for bail.

I have heard learned counsel for the parties and perused the record.

Looking to the nature of offence and period of jail sentence awarded to the appellant, without commenting on the merits of the case, I deem it to be a fit case to suspend the custodial sentence of the appellant and to release her on bail, therefore, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already Signature Not Verified SAN deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.11.17 16:14:59 IST Forty Thousand only) with one surety in the like amount to the satisfaction of

the trial Court concerned, the custodial sentence of appellant namely Nazia Khan shall remain suspended and she shall be released on bail for securing her presence before the trial Court on 17.03.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant shall regularly appear before the trial Court, on each and every date, without fail.

List the case for admission after eight weeks.

(SMT. ANJULI PALO) JUDGE

anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.11.17 16:14:59 IST