Ray Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 6701 MP

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                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                              CRA No. 11968 of 2022
                  (RAY SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 25-04-2023
       Mr. K.P.Mishra - Advocate for appellants.

       Mr. V.P.S.Tomar - Public Prosecutor for respondent/State.

Appeal being arguable, is admitted for final hearing. Heard on I.A.No.3087/2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to appellant No.2- Guddi Devi.

This Criminal Appeal assails the judgment dated 29/11/2022 passed in S.T. No.12/2020 by Additional Sessions Judge, Mehgaon, District Bhind (M.P.) whereby, appellant No.2- Guddi Devi stood convicted under Section 420, 465, 467, 468, 471 and 467/120B of IPC and sentenced her to undergo 3 years RI, 2 years RI, 3 years RI, 3 years RI, 3 years RI, 3 years RI with a fine of Rs.1,000/-, Rs.1,000/-, Rs.3,000/-, Rs.1,000/-, Rs.1,000/- and Rs.3,000/- with default stipulations respectively.

Learned counsel for the appellants submits that the trial Court has wro ngly convicted the appellant No.2- Guddi Devi. There are material

omissions and contradictions in the evidence of prosecution witnesses. The appellant No.2- Guddi Devi was on bail during trial and she has not misused the liberty so granted to her. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellant No.2- Guddi Devi.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No.3087/2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant No.2- Guddi Devi shall remain suspended and she be released on bail. The appellant No.2- Guddi Devi is further directed to mark her appearance before the Office of this Court on

12/09/2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Pj'S/-

PRINCEE BARAIYA 2023.04.26 13:00:58 -07'00'