Sunita Agnihotri vs The State Of Madhya Pradesh
2023 Latest Caselaw 6475 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 502 of 2011
                                             (SUNITA AGNIHOTRI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 21-04-2023
                                 Shri Brijendra Mishra - Advocate for the appellant.

                                 Shri Puneet Shroti - Government Advocate for the respondent/State.

Heard on I.A. No.7345/2023 which is the 8th application filed under Section 389(1) of the Code of Criminal Procedure on behalf of the appellant for suspension of sentence and grant of bail.

The earlier application filed by the appellant for suspension of sentence and grant of bail was dismissed as withdrawn.

Vide the impugned judgment dated 30.10.2010 passed by the Fourth Additional Sessions Judge, Rewa in S.T. No.66/2010, the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced thereunder to suffer RI for life and fine of Rs.200/-with default stipulation.

Learned counsel for the appellant submits that the present appellant is seeking bail mainly on the ground that she has already undergone almost 13 years and five months and in view of the judgment of the Supreme Court in

Criminal Appeal No.308/2022 (Saudan Singh Vs. The State of Uttar Pradesh), in which, it has been observed that the cases in which accused has undergone more than half of the sentence in case of fixed term sentence or completed eight years incarceration then bail can be granted under the circumstances if appeal would take time to be concluded, the appellant is entitled to be released on bail.

On the other hand, the counsel for the State has opposed the submission made by counsel for the appellant and submitted that appellant has been Signature Not Verified Signed by: SATYA SAI RAO Signing time: 4/21/2023 7:00:38 PM

convicted under Section 302 of IPC and has been sentenced to suffer RI for life. He has further submitted that appellant has murdered her husband and as such, merely because she is in jail for last more than 13 years, the application for suspension of sentence and grant of bail cannot be considered.

Considering the submissions made by the counsel for the parties and perusal of record, we are of the opinion that since the appellant has suffered more than 13 years and five months in incarceration, therefore, it is a fit case in which appellant can be enlarged on bail. Therefore, without commenting anything on the merits of the case, I.A. No.7345/2023 is allowed.

It is directed that sentence of the appellant shall be suspended and she

shall be released on bail upon her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with a surety bond of like amount to the satisfaction of trial Court concerned for her appearance before the Registry of this Court on 01.08.2023 and on such other dates as may be fixed by the Registry in this regard.

Accordingly, I.A. No.7345/2023 stands allowed and disposed of. Certified copy as per rules.

                                 (SANJAY DWIVEDI)                                      (VISHAL DHAGAT)
                                      JUDGE                                                 JUDGE

                           rao




Signature Not Verified
Signed by: SATYA SAI RAO
Signing time: 4/21/2023
7:00:38 PM