Smt Ramsakhi Vishwakarma vs The State Of Madhya Pradesh
2023 Latest Caselaw 20936 MP

Madhya Pradesh High Court

Smt Ramsakhi Vishwakarma vs The State Of Madhya Pradesh on 11 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 14823 of 2023
                                  (SMT RAMSAKHI VISHWAKARMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 11-12-2023
                                  Shri S.K. Mishra - Advocate for appellant.

                                  Shri Ramji Patel - Panel Lawyer for the respondent No.1/State.

None for the respondent no.2, despite service of notice.

Heard on the question of admission.

Appeal is admitted for final hearing.

Let record of Court below be requisitioned.

Also heard on I.A.No.27898/2023 an application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant.

The appellant has been convicted vide judgment dated 09/11/2023 passed b y Special Judge, SC/ST (Prevention of Atrocities) Act, Tikamgarh, District Tikamgarh in SC ATR No.61/2019 for the offence punishable under Section 323/34 of the IPC and Section 3(1)(da), 3(1)(dha) of the SC/ST (Prevention of Atrocities) Act and sentenced her to undergo R.I. for three months with fine of

Rs.500/-, R.I. for six months with fine of Rs.500/- and R.I. for six months with fine of Rs.500/- respectively with default stipulations.

Learned counsel for the appellant submitted that the trial Court has already suspended the jail sentence of the appellant till 09/12/2023, which has been extended by this Court vide order dated 04/12/2023 till next date of hearing. Learned trial Court has wrongly convicted the appellant for the aforesaid offence, hence he has prayed for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

On the other hand, learned counsel for the respondent/State has opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant, the short sentence of the appellant and the fact that the trial Court has already suspended the jail sentence of the appellant till 09/12/2023, which has been extended by this Court vide order dated 04/12/2023 till next date of hearing 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 s hall remain suspended during the pendency of this appeal and she be released on bail subject to

depositing fine amount, if not already deposited and upon her furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for her appearance before the trial Court on 24/01/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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