Imrat Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 22236 MP

Madhya Pradesh High Court

Imrat Choudhary vs The State Of Madhya Pradesh on 22 December, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 3002 of 2016
                                      (IMRAT CHOUDHARY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-12-2023
                                  Shri Shreyash Pandit - Advocate for the appellant nos. 3-Nisha

                           Choudhary and appellant no. 6-Ujiyari Bai Choudhary.
                                  Shri Yogesh Dhande - Government Advocate for the respondent-State of

M.P.

Learned Government Counsel is permitted to adopt the objection filed

against the co- accused.

Heard on I.A. No.29756 of 2023 and I.A. No.29760 of 2023 applications under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant nos. 3-Nisha Choudhary and appellant no. 6-Ujiyari Bai Choudhary arising out of judgment dated 19.08.2016 delivered in S.T. No.355/2014 passed by 8th Additional Session Judge, Jabalpur.

The appellant no. 3 and 6 have been convicted and sentenced for the offence punishable under Section 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.5000/- each.

Learned counsel for the appellant 3 and 6 urged that the case of overt act of present appellants is almost similar to appellant no. 4, who recently got benefit of suspension of remaining jail sentence on 13.12.2023. The appellant nos. 3 and 6 remained in actual custody for nine years and six months. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant nos. 3 and 6 may be suspended.

The prayer is opposed by learned learned Govenrment Counsel on the basis of objection but he did not dispute the factum of parity and the period of

custody.

Considering the aforesaid and little 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 3 and 6.

Accordingly, I.A. No.29756 of 2023 and I.A. No.29760 of 2023 are allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant nos. 3 and 6 is hereby suspended and it is directed that appellant nos. 3-Nisha Choudhary and appellant no. 6- Ujiyari Bai Choudhary be released on bail on their furnishing a personal bond

for a sum of Rs.30,000/- (Rupees Thirty Thousand only) each 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, Jabalpur o n 12.02.2024 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)                                       (DWARKA DHISH BANSAL)
                                    JUDGE                                                  JUDGE

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