Shabnam Alias Suman Lparaste vs The State Of Madhya Pradesh
2023 Latest Caselaw 12332 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                             CRA No. 1361 of 2016
            (SHABNAM ALIAS SUMAN LPARASTE Vs THE STATE OF MADHYA PRADESH)

Dated : 02-08-2023
      Shri J.K. Dehariya - Advocate for the appellant.

      Shri Pramod Pandey - Govenrment Advocate for the respondent/State.

Heard on IA No.17223/2023, third application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant - Shabnam @ Suman Paraste arising out of judgment dated

08.03.2016 delivered in ST No.611/2015 by 2 nd Additional Sessions Judge, Jabalpur.

T h e appellant has been convicted under Section 302 of IPC and sentenced to undergo R.I. for life with fine of Rs.1,000/- default stipulations.

Learned counsel for the appellant, at the outset, fairly informed that his previous applications were dismissed on merit on 14.10.2016 and 30.10.2017 but appellant is a woman and mother of two children. She is in custody since 11.06.2015 and completed more than 8 years of actual sentence. Final hearing of this appeal is not possible in near future, thus, the remaining jail sentence of

the appellant may be suspended.

The prayer is opposed by learned Government Advocate. Considering the custody period and the fact that appellant is mother of two children and final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, aforesaid IA is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant -Shabnam @ Suman Paraste is

hereby suspended and it is directed that the appellant be released on bail on her 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 concerning trial court Jabalpur on 30.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C c as per rules.

        (SUJOY PAUL)                                   (ACHAL KUMAR PALIWAL)
           JUDGE                                               JUDGE
Digitally
     L.R.signed by
LALIT SINGH RANA
Date: 2023.08.03
14:45:52 +05'30'