Mamta Kori vs The State Of Madhya Pradesh
2022 Latest Caselaw 13921 MP

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                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                  CRA No. 3291 of 2022
                                                         (MAMTA KORI Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 28-10-2022
                                          Mr. Jagat Singh, learned counsel for the appellant.

                                          Mr. Satyapal Chadhar, learned Government Advocate for the respondent/State.

Heard on admission.

The appeal is admitted for hearing.

Heard on I.A. No.6699 of 2022, which is an application filed by the appellant under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.

The appellant has been convicted by the impugned judgment passed by the trial Court for offences punishable under Sections 363 and 366A of the Indian Penal Code and sentenced to undergo RI for 5 - 5 years (for each offence) with of Rs.1,000/- on each count with default stipulation.

Learned counsel for the appellant submits that the trial Court has not appreciated the evidence on record in proper perspective and hence arrived at erroneous findings. There are material contradiction and omission in the testimonies of the witnesses. The trial Court overlooked the fact that the prosecutrix had not resisted while accompanying the accused persons and she was not minor at the time of the incident. It is also submitted that the appellant has already served sentence for about

one year and the final disposal of this appeal would take considerable time, therefore, the jail sentence of the appellant may be suspended and she may be released on bail.

Learned Government Advocate for the State has opposed the application for suspension of sentence and grant of bail.

I have heard learned counsel for the parties and perused the record. The appellant is a lady aged about 35 years. She has already undergone jail sentence about one year and the final disposal of this appeal would take considerable time. Hence, keeping in Signature Not Verified SAN

view the findings recorded by the trial Court in paragraph 20 of the impugned judgment Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.10.28 17:41:12 IST as well as other facts and circumstances of the case, without commenting on merits of

the case, I deem it appropriate to suspend the jail sentence of the appellant and to release her on bail. Therefore, without commenting on the merits of the case, this application is allowed.

It is directed that execution of remaining jail sentence of the appellant Mamta Kori shall remain suspended and she shall be released on bail on her furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with a surety in the like amount to the satisfaction of the trial Court concerned for her appearance before the trial Court on 28.02.2023 and on such other dates as may be fixed in this regard during pendency of this appeal. It is made clear that if the appellant is found involved in similar offence in future, this order of suspension shall stand ineffective.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.10.28 17:41:12 IST