Kalawati Kewat vs The State Of Madhya Pradesh
2023 Latest Caselaw 12785 MP

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                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                               CRA No. 5596 of 2022
                (KALAWATI KEWAT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 08-08-2023
       Mr. S.N. Pandey - Advocate for the appellant.

       Ms. Shanti Tiwari - Panel Lawyer for the respondent/State.

Heard on I.A. No. 13594/2023 an application under Sections 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant No.1-Kalawati Kewat arising out of judgment dated 23.06.2022

delivered in ST No. 119/2021 by 1 s t Additional Sessions Judge, Mauganj District Rewa.

The appellant No.1 has been convicted under Section 304-B of IPC and sentenced to undergo R.I. for 10 years and 4 of Dowry Prohibition Act and sentenced to undergo R.I. for 1 years with fine of Rs. 300/- with default stipulations.

Learned counsel for the appellant No. 1 after referring the prosecution evidence especially PW-1, PW-2 and PW-4 submits that no case under Section 304-B is made out against the appellant No. 1. There is no evidence with

respect to harassment soon before death. Co-accused Shivnath Kewat has already been released on bail by Co-ordinate Bench of this Court vide order dated 01.09.2022. The case of appellant No. 1 is similar to the the case of co- accused Shivnath Kewat. Appellant No. 1 is a widow lady. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant No.1 may be suspended and she be released on bail.

The prayer is opposed by learned Panel Lawyer.

Taking into consideration that co-accused Shivnath Kewat has already been released on bail by Co-ordinate Bench vide order dated 01.09.2022 and the case of appellant No. 1 is similar to the the case of co-accused Shivnath Kewat coupled with the fact that hearing of this appeal is not possible in near future and without expressing any opinion on merits, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 13594/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant No.1- Kalawati Kewat is hereby suspended and it is directed that the appellant No. 1 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 Mauganj District Rewa on 25.10.2023 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.

(ACHAL KUMAR PALIWAL) JUDGE Digitally L.R.signed by LALIT SINGH RANA Date: 2023.08.09 15:36:29 +05'30'