Leela Bai vs The State Of Madhya Pradesh
2022 Latest Caselaw 13749 MP

1                            Cr.A.No.7095/2022
                  (Leelabai Vs. State of M.P.and another)

Indore : Dated 18.10.2022
      Shri Aditya Singh Tomar, learned counsel for the appellant.
      Shri Kapil Mahant, learned Panel Lawyer for the respondent

No.1/State.

Heard on admission.

The appeal is admitted for final hearing. Heard on I.A.No.11166/2022, first application for grant of suspension of sentence filed on behalf of appellant.

The trial Court has convicted the appellant under Section 366 of IPC and sentenced to undergo five years' RI with fine of Rs.1,000/-, under Section 343 of IPC and sentenced to undergo three months' RI with fine of Rs.500/- and under Section 370 of IPC and sentenced to undergo seven years' RI with fine of Rs.1,000/-, with default stipulation, vide judgment of conviction and order of sentence dated 6.8.2022 passed by 1st Addl.Sessions Judge, Dr.Ambedkar Nagar, District Indore in S.C.No.20/2020.

Learned counsel for the appellant submits that appellant is a lady and as per report dated 28.9.2022 received from the office of Supdt., District Jail, Indore she has suffered about four years, four months and twenty four days incarceration out of seven years' sentence awarded to her. He further submits that prosecutrix (PW-1) herself admitted in her statement recorded during trial that she was married to co-accused Vinod and was living with him as his wife. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the

(Leelabai Vs. State of M.P.and another)

appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

Learned counsel appearing for the respondent/State has opposed the prayer.

Having considered the rival submissions, material pointed out by learned counsel for the appellant specially the period of custody of the appellant, which is more than 50% of the sentence awarded to her and there is no likelihood of hearing of appeal in near future, but without expressing any opinion on merits of the case, the application I.A.No.11166/2022 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, she shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for her appearance before the Registry of this Court firstly on 19.12.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.11166/2022 is allowed.

List for admission alongwith record.

C.C. as per rules.

(Satyendra Kumar Singh) Judge Patil

Digitally signed by SHAILESH PATIL Date: 2022.10.18 19:21:53 +05'30'