Asha Solanki vs The State Of Madhya Pradesh
2022 Latest Caselaw 12936 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 8209 of 2022
                                         (ASHA SOLANKI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 26-09-2022
                                Shri Vinay Puranik, learned counsel for the appellants.

                                Shri Rajesh Joshi, learned Govt Advocate for the respondent/State.

Heard on I.A.No.12506/2022, an application for suspension of jail sentence of the appellant - Asha Solanki and Lakhan Solanki.

Appellants have been convicted by 2nd Additional Sessions Judge ,Distt. Dewas vide judgment dated 27.08.2022 passed in SSC No. 34/2022 for

commission of offence punishable under Section 332 of IPC and sentenced to suffer 02 years R.I. with fine of Rs. 1,000/- each with default stipulation.

Learned counsel for the appellants submits that short sentence has been awarded to the appellants by the learned trial Court and their sentence has already been suspended by the Court below till 29.09.2022. He submits that the learned trial court erred in holding the applicant guilty in the alleged offence. There are omissions and contradictions in the finding of the learned trial court. The final conclusion of the appeal shall take considerable time. Hence, prays that application for suspension of sentence be allowed.

Learned Govt. Advocate for State has opposed the prayer and prays for rejection of the application for suspension of sentence.

On due consideration of the facts and circumstances of the case so also looking to the short sentence awarded by the learned trial Court to the appellant, without expressing any opinion on merits of the case, I.A.No.12506/2022 is allowed.

It is directed that upon appellants depositing the fine amount (if not Signature Not Verified Signed by: SEHAR HASEEN Signing time: 9/27/2022 1:58:52 PM

already deposited) and on furnishing a personal bond to the tune of Rs.50,000/-(Rupees Fifty Thousand only) each with one solvent surety in the like amount to the satisfaction of the trial court, the substantive jail sentence of appellants shall remain suspended till the final disposal of the appeal and they shall be released on bail for their appearance before the Registry of this court on 09.11.2022 and all other subsequent dates, as may be fixed in this behalf by the Office.

Record of Court below be requisitioned.

List for admission after receipt of record. C.c. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

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Signature Not Verified Signed by: SEHAR HASEEN Signing time: 9/27/2022 1:58:52 PM