Yogesh Kushwah vs The State Of Madhya Pradesh
2023 Latest Caselaw 6310 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 4564 of 2023 (YOGESH KUSHWAH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 19-04-2023 Shri Brajesh Kumar Tyagi, learned counsel for the appellants.

Shri Girdhari Singh Chauhan - Public Prosecutor for the State. Let record of the trial Court be called for. Heard on I.A.No. 6285 of 2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant no.2 - Mamta Bai.

Vide judgment dated 20.03.2023 passed by Fourth Additional Sessions Judge, Guna in ST No. 203 of 2021, the appellant has been convicted under Sections 498-A r/w Section 34 and 304-B r/w Section 34 of IPC and sentenced to undergo One year's RI and 10 years' RI with fine of Rs.1,000/- and 2,000/- respectively with default stipulations.

In short case of the prosecution is that the appellant harassed the deceased by demanding dowry of Rs.2 lacs and due to non-fulfillment, appellant used to harass the deceased.

It is submitted by counsel for the appellant that the appellant has already

been in custody since the date of judgment till today and she has suffered incarceration of 608 days during trial. Fine amount has already been deposited by her. Appeal is of the year 2023 which shall take long time for it's conclusion. Under these circumstances, the execution of jail sentence be suspended and the appellant be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/20/2023 10:48:53 AM

Considering the term of jail sentence awarded to the appellant as well as keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A.No. 6285 of 2023 is allowed. It is therefore, directed that if appellant deposit the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for appearance before the Principal Registrar of this Court on 16th October, 2023 and on such further dates as may be fixed by the office in this regard, remaining jail sentence awarded to appellant shall remain suspended till disposal of the appeal

and she shall be released on bail.

Application IA is allowed and disposed of. List for final hearing in usual course after receipt of record. C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/20/2023 10:48:53 AM