Kavita Sahu vs The State Of Madhya Pradesh
2023 Latest Caselaw 21708 MP

Madhya Pradesh High Court

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

Author: Sujoy Paul

Bench: Sujoy Paul

                                                                  1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 3978 of 2016
                                               (KAVITA SAHU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 18-12-2023
                                 Ms. Renu Gupta - Advocate for the appellant.

                                 Shri Ajay Shukla - Government Advocate for the respondent/State.

Heard on I.A. No.27249 of 2023, an application under Section 389 of the Cr.P.C for suspension of sentence and grant of bail to appellant arising out of judgment dated 28/11/2016 delivered in S.T. No.100/2015 by Ist Additional

Sessions Judge, Mandla, Distt. Mandla.

The appellant has been convicted for the offence punishable under Section 302 of IPC a n d sentenced to undergo R.I. for life with fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellant by taking this Court to para 74 of impugned judgment submits that appellant is in actual custody w.e.f. 13/6/2015. Therefore, appellant remained in jail for more than 8 ½ years approximately. The appellant has one son aged about 9 years. The final hearing of this appeal of 2016 is not possible in near future. There is no eye witness to the incident.

The two seizure witnesses namely Shiv Prasad (PW/4) and Sanju Sahu (PW/5) have taken diametrically opposite stands about place of recovery of sari. The FSL report about sari only shows that the availability of human blood does not indicate the blood grouping. Considering the aforesaid, the remaining jail sentence of this appellant may be suspended.

Learned Government Advocate opposed the prayer on the strength of statements of Chhattelal Sahu (PW/1) and Munna Sahu (PW/2).

Considering the period of custody of appellant, who is a woman, having

child of aged about 9 years, coupled with the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A. No.27249 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant Kavita Sahu 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, Mandla 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/-