Nusrat Begum vs The State Of Madhya Pradesh
2022 Latest Caselaw 12587 MP

                      HIGH COURT OF MADHYA PRADESH
                         1                               Cr.A.No.8264/2022
                       (Nusrat Begum Vs. State of M.P. )

Gwalior Bench:
Dated 20/09/2022
     Shri F.A.Shah, learned counsel for appellant.

      Shri BPS Chauhan, learned PP for the respondent/State.

Shri Arvind Kumar Dwivedi, learned counsel for the complainant.

Heard on I.A. No. 14664/2022 an application under Section 389 (1) of

Cr.P.C. moved on behalf of appellant for suspension of her remaining jail

sentence.

By the impugned judgment of sentence and order of conviction,

appellant has been convicted for offence under Sections 21(1) of POCSO Act

and sentenced to suffer three months RI with fine of Rs. 1,000/- and in default

of payment of fine to further undergo one months RI.

It is the submission of learned counsel for the appellant that trial court

erred in convicting the appellant and awarding jail sentence. Fine amount has

already been deposited. Appellant is a lady and trial Court erred in not

appreciating the evidence holistically. Hearing of appeal will take time and

she has a strong case on merits. On these grounds, prayer for suspension of

sentence has been made out.

Learned counsel for the respondent/State opposed the prayer and prayed

for rejection of application.

Keeping in view the submissions made by the learned counsel for the HIGH COURT OF MADHYA PRADESH

(Nusrat Begum Vs. State of M.P. )

parties and looking to the facts and circumstances of the case and the short

sentence awarded to the appellant, subject to deposit of fine amount, it is

directed that jail sentence of appellant -Nusrat Begum, shall remain suspended

subject to appellant's furnishing a personal bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand only) with one surety surety of like amount to the

satisfaction of the trial Court to appear before Registry of this Court on

22/11/2022 and all other subsequent dates as may be fixed in this regard.

I.A.No. 14664/2022 stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

(Anand Pathak) Judge jps/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

PRAKASH postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec8 65c7633f4cfb9e38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8C B2193780D8357,

SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B807 2A2D8C01433EBD48AE4F609F108CA8F8DE6B5 22, cn=JAI PRAKASH SOLANKI Date: 2022.09.21 10:02:23 +05'30'