Smt. Kala Sonewal vs The State Of Madhya Pradesh
2023 Latest Caselaw 6964 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                         CRA No. 12253 of 2022
                                         (SMT. KALA SONEWAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 28-04-2023
                                 Shri Shishir Soni - Advocate for the appellant.

                                 Shri A.N. Gupta - Government Advocate for the respondent/State.

Heard on I.A No. 24469 of 2022, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Smt. Kala Sonewal arising out of judgment dated 12.12.2022 delivered in S.C.

No.24/2021 by Special Judge (POCSO Act) Balaghat, District Balaghat.

The appellant has been convicted under Section 109 of the I.P.C. and sentenced to undergo R.I. for five years with fine of Rs.1,000/- with default stipulation.

As per prosecution story, the main accused is Raj Shivale. The appellant has already been acquitted for committing offence under Section 363/34 of IPC. Heavy reliance is placed on Para-28 of the judgment wherein Court below did not find certain allegations against the present appellant as proved. So far, allegations mentioned in Para-31 are concerned, learned counsel for the

appellant submits that the same are perverse in nature. This appellant did not play any active role whatsoever so far victim is concerned. Appellant is aged about 57 years and is a house wife. The final hearing of this appeal is not possible in near future. Thus, the remaining jail sentence of appellant may be suspended.

Learned Govt. Advocate opposed the prayer on the basis of objection. Considering the short sentence and age of appellant coupled with the fact that she is a house wife, the final hearing of this appeal is not possible in near Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 4/29/2023 3:17:14 PM

future, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 24469 of 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant - Kala Sonewal is hereby suspended and it is directed that the appellant be released on bail on his 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, Balaghat on 12th 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.

Certified copy as per rules.

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

                          HK




Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 4/29/2023
3:17:14 PM