Smt. Laxmibai vs The State Of Madhya Pradesh
2023 Latest Caselaw 21994 MP

Madhya Pradesh High Court

Smt. Laxmibai vs The State Of Madhya Pradesh on 20 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 14310 of 2023
                                              (SMT. LAXMIBAI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-12-2023
                                 Shri Dharmendra Patel - Advocate for appellant.

                                 Shri Ajay Tamrakar - Panel Lawyer for respondent/State.

Heard on the question of appeal.

Appeal is admitted for final hearing.

Also heard on I.A. No.26970/2023, 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. Laxmi Bai.

T h e appellant has been convicted vide judgment dated 30/10/2023 passed by Special Judge (NDPS Act), Bhoapl in SC NDPS No. 28/2017 and appellant she has been convicted for offence punishable under Section 8(C) read with Section 20(b)(ii)(B) of NDPS Act and sentenced to undergo RI for 6 months and to pay fine of Rs.15,000/- 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. It is also submitted that during trial the appellant on bail and she did not misuse the liberty so granted to her. 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 appellants 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 during trial the appellant was on bail and she did not misuse the liberty so granted to her 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. Laxmi B a i shall remain suspended during the pendency of this appeal and he be released on bail 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 appearance before the trial Court on 05/02/2024 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.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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