Smt Sushila Chidhar vs The State Of Madhya Pradesh
2023 Latest Caselaw 6899 MP

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                         CRA No. 5733 of 2023
                                            (SMT SUSHILA CHIDHAR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 27-04-2023
                                   Shri Anand Purohit, learned counsel for the appellant.

                                   Shri Pramod Pachauri, learned Public Prosecutor for the respondent-

State.

Heard on admission.

Let record of the trial Court be called for. Appeal appears to be arguable, is admitted for final hearing.

Also heard on I.A.No.7411 of 2023, first application u/Sec. 389 of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant Smt.Sushila Chidhar.

Vide judgment of conviction and order of sentence dated 25-03-2023 passed by Third Additional Sessions Judge, Shivpuri in Sessions Trial No. 38 of 2018, the appellant has been convicted under Sections 451, 324/34, 307/34 of IPC and sentenced to pay a fine of Rs.1,000, six months RI with fine of Rs.2,000/- and three years RI with fine of Rs.3,000/- with default stipulations respectively.

It is submitted by counsel for the appellants that the appellant was on bail during trial and she has not misused the liberty so granted to him. The trial Court has already suspended jail sentence of appellant till 25th May, 2023. Appeal is of the year 2023 which may take long time for it's conclusion. Under these circumstances, execution of remaining jail sentence be suspended and the appellant be released on bail.

On the contrary, counsel for the State opposed the application and Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/28/2023 10:58:41 AM

prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this appeal is not possible and that learned trial Court has already suspended jail sentence of the appellant till 25th May, 2023, I.A is allowed. It is therefore, directed that if appellant deposits 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 like amount to the satisfaction of concerned Trial Court for her appearance before Principal Registrar of this Court on 16th October, 2023 and on such further dates as may be fixed by the office in this regard, sentence

of imprisonment awarded to her shall remain suspended till disposal of this appeal and she shall be released on bail.

IA is allowed and disposed of.

A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/28/2023 10:58:41 AM