Ammu @ Premsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 6037 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 11327 of 2022
                                    (AMMU @ PREMSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 13-04-2023
                               Shri Kuldeep Singh Rajpoot - Advocate for the appellant No.3 Savita

                         @ Gayatri.
                               Shri Akhilendra Singh - Government Advocate for the respondent/State.

Heard on I.A.No.23208 of 2022, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.3

Savita @ Gayatri arising out of judgment dated 09/11/2022 delivered in S.T.

No.19/2017 by IInd Additional Sessions Judge, Hatta, District Damoh (M.P.).

The appellant No.3 has been convicted under Sections 302/34 of the IPC and sentenced to undergo R.I. for life with fine of Rs.5,000/- and under Section 323/34 of IPC and sentenced to undergo R.I. for one year with fine of Rs.1,000/-, with default stipulation.

Learned counsel for this appellant by taking this Court in para-3 of impugned judgment submits that as per prosecution story, on 14/12/2016, a report was lodged by complainant Haribai that when complainant and her

husband Parvat Singh Lodhi were travelling through the village Siherahar and came near the agricultural field of Prem Singh Lodhi, they found that Prem Singh Lodhi, Mohan Singh Lodhi and Savita Lodhi (appellant No.3) were carrying lathies and forcibly stopped them. The accused persons told the complainant and her husband that they cannot travelled through the said road. Husband of complainant said that this time, they may be permitted to travel through the road and henceforth they will not travel through this road. Since this request was not accepted, Prem Singh Lodhi and Mohan Singh Lodhi assaulted Signature Not Verified Signed by: MANJU Signing time:

4/13/2023 5:36:59 PM

the husband of complainant by means of lathi. When complainant tried to save her husband, Savita @ Gayatri assaulted her by means of a lathi. Learned counsel for the appellant further submits that incident had taken place suddenly. Present appellant is a married woman and was having two and half years old child and recently, she has delivered another child in the prison. I.A.No.273/2023 is filed. Along with said application, relevant documents are filed. It is submitted that final hearing of this case will take time, therefore, remaining jail sentence of this appellant may be suspended.

Shri Akhilendra Singh, learned Government Advocate opposed the prayer on the basis of objection.

We have heard learned counsel for the parties.

Considering the limited role allegedly play by appellant No.3, coupled with the fact that she is woman having two small children and final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No.23208 of 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.3 Savita @ Gayatri is hereby suspended and it is directed that the appellant be released on bail on her furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court,

Hatta, District - Damoh on 12 th of June, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Signature Not Verified Signed by: MANJU Signing time:

4/13/2023 5:36:59 PM

Certified copy as per rules.

                            (SUJOY PAUL)                            (AMAR NATH (KESHARWANI))
                               JUDGE                                         JUDGE

                         manju




Signature Not Verified
Signed by: MANJU
Signing time:
4/13/2023 5:36:59 PM