Madhya Pradesh High Court
Smt. Rekha Vishwakarma vs The State Of Madhya Pradesh on 1 December, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 11240 of 2023
(SMT. REKHA VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)
Dated : 01-12-2023
Shri R.K. Raghuwanshi- Advocate for appellant.
Shri Shailendra Mishra - Panel Lawyer for respondent/State.
Heard on the question of admission.
Appeal is admitted for final hearing.
Also heard on I.A. No.25075/2023, this is first application for
suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C.
on behalf of appellant-Smt. Rekha Vishwakarma.
The appellant has been convicted vide judgment dated 12/08/2023 passed
by Seventh Additional Sessions Judge, Sagar in S.T No. 900409/2015 and
appellant has been convicted for offence punishable under Sections 420, 467,
468 and 471 of IPC and sentenced to undergo RI for 3 years, 7 years, 4 years
and 3 years and to pay fine amount of Rs. 10,000/-, Rs.25,000/-, Rs.10,000/-
and Rs.5,000/- for each offence respectively with usual default stipulations.
Learned counsel for the appellant submits that the trial Court has not
properly appreciated the evidence in its proper perspective and committed
grave error in convicting the appellant for aforesaid offence. Learned counsel
for appellant submits that there is no allegation against the appellant for forged
any documents and she has already served more than 8 months custodial
sentence. There are fair chances of success of this appeal and final hearing of
same will take considerable time, therefore, if remaining custodial sentence has
not been suspended, then the appeal filed by appellant may turn infructuous.
Under these circumstances, learned counsel for appellant prays for suspension
of jail sentence and release of the appellant on bail till the final disposal of the
appeal.
O n the other hand, learned Panel Lawyer has opposed the contention
raised by learned counsel for appellant and prays for rejection of said
application.
Looking to the aforesaid facts and circumstances of the case coupled
with the fact that there is no allegation against the appellant for forged any
documents and she has already served more than 8 months custodial sentence
and according to listing policy the hearing of this appeal will take time, the
application is allowed and it is directed that the execution of the remaining jail
sentence passed against appellant -Smt. Rekha Vishwakarma shall remain
suspended during the pendency of this appeal subject to depositing entire fine
amount, if already not deposited and upon her furnishing personal bond in the
sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety in
like amount to the satisfaction of the trial Court for securing her presence
before the trial Court on 02/01/2024 and on such further dates as may be fixed
by trial Court it in this regard during the pendency of this appeal.
List the appeal for final hearing in due course alongwith Cr.A. No.
11393/2023.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
