Kavita Chouhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 21660 MP

Madhya Pradesh High Court

Kavita Chouhan vs The State Of Madhya Pradesh on 18 December, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7729 of 2022 (KAVITA CHOUHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 18-12-2023 Shri Ghanshyam Sharma - Advocate for the appellant.

Shri A.N. Gupta - Government Advocate for the State.

Heard on I.A. No.16615/2022, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to appellant Kavita Chouhan.

B y impugned judgment dated 16/7/2022 passed by the Special Judge, SC/ST ACT, Narmadapuram, Distt. Narmadapuram in SC ATR No.169/2018 the appellant has been convicted under Section 376(2)(c) of the IPC and sentenced to undergo RI for 10 years with fine of Rs.5000/- and Section 374 of IPC with fine of Rs.3000/- with default stipulations.

Learned counsel for the appellant by taking this Court to the prosecution story submits that the appellant has been suffered actual jail sentence of 4 years and 9 months. FIR has been lodged after 7 years of the incident. He has also placed reliance on the statements of prosecutrix (PW/1) and her husband

Shankar (PW/5). The statement of the prosecutrix is not of sterling quality. The final hearing of this matter is not possible in near future. Thus, remaining jail sentence of the appellant may be suspended.

The prayer is opposed by learned Government Advocate on the basis of objection and placed reliance on the statements of PW/7 and PW/15 and Para- 19 of the impugned judgment.

We have heard learned counsel for the parties at length and perused the record.

Considering the factual backdrop, coupled with the period of custody and also bleak chances of final hearing in near future, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.16615/2022 is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that appellant Kavita Chouhan 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 trial Court, Narmadapuram on 12/2/2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per Rules.

                                 (SUJOY PAUL)                                (BINOD KUMAR DWIVEDI)
                                    JUDGE                                            JUDGE

                           m/-