Sushila Bai vs The State Of Madhya Pradesh
2023 Latest Caselaw 6980 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 3544 of 2023
                                     (SUSHILA BAI AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 28-04-2023
                                Shri Sourabh Singh - Advocate for the appellants.

                                Ms. Kamlesh Tamrakar - Panel Lawyer for respondent No.1/ State.

None for respondent No.2 despite service of notice.

Trial Court record has been received.

Heard on admission.

Prima facie, this appeal seems to be arguable. Hence, admitted for final hearing.

Heard on I.A.No.5561/2023, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellants pending the appeal.

The appellants have been convicted for commission of offence under Section 323/34 of IPC (on 3 counts), Section 447 of IPC and Section 3(2)(va) (on three counts) of SC/ST (Prevention of Atrocities) Act, 1989 and have been sentenced to R.I. for 06-06 months and fine of Rs.200/- in all counts with

default stipulation vide judgment dated 8.2.2023 passed in Special Case (SC ATR) No.39/2017 (State of M.P. Vs. Sushila Bai and others) by Special Judge, SC/ST (Prevention of Atrocities Act), District Raisen.

Learned counsel for the appellants has submitted that appellants have been released on bail till 28.3.2023 by the trial Court itself. Thereafter, this Court vide its order dated 17.3.2023 has extended the suspension of jail sentence of the appellants till today. During trial, they were on bail and they have not misused the liberty granted to them by way of bail. Learned counsel Signature Not Verified Signed by: DEEPA MISHRA Signing time: 4/29/2023 11:52:28 AM

further submitted that they have fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant.

Considering the short nature of sentence and contention of learned counsel for the appellants, I deem it proper to suspend the remaining jail sentence of the appellants because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.5561/2023 is allowed. The execution of jail sentence of appellants is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 26.07.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 4/29/2023 11:52:28 AM