Smt. Kusumkali Saket vs The State Of Madhya Pradesh
2023 Latest Caselaw 20913 MP

Madhya Pradesh High Court

Smt. Kusumkali Saket vs The State Of Madhya Pradesh on 11 December, 2023

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          CRA No. 12070 of 2023
                                           (SMT. KUSUMKALI SAKET Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-12-2023
                                 Shri Durgesh Pandey - Advocate for the appellant.

                                 Smt. C.K. Mishra - Government Advocate for the respondent/State.

Record has been received.

Heard on the question of admission.

The appeal being arguable is admitted for final hearing.

Also heard on I.A No.22665/2023, which is the first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant.

The appellant has been convicted for the offence punishable under Section 498-A of IPC and sentenced to undergo R.I. for 2 years with fine of Rs.1,000/- with default stipulations.

Learned counsel for the appellant submits that the jail sentence of appellant was suspended by the trial court till 12.10.2023 (as mentioned in the application). Thereafter, this court vide order dated 29.09.2023 has extended

the period of bail of appellant till 12.12.2023. The maximum jail sentence of appellant is of 2 years. The appeal would take considerable time to conclude. She is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State opposes the application and prays for its rejection.

Heard counsel for the parties and perused the judgment and record of the

court below.

Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentences awarded to the appellant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellant shall remain

suspended and she shall be released on bail for securing her presence before the trial Court concerned on 19.02.2024 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the application stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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