Roshni@Rashmi vs The State Of Madhya Pradesh
2023 Latest Caselaw 22295 MP

Madhya Pradesh High Court

Roshni@Rashmi vs The State Of Madhya Pradesh on 22 December, 2023

Author: Sunita Yadav

Bench: Sunita Yadav

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 15210 of 2023 (ROSHNI@RASHMI Vs THE STATE OF MADHYA PRADESH)

Dated : 22-12-2023 Shri Vibhor Kumar Sahu - Advocate for appellant.

Shri Dinesh Savita - Public Prosecutor for State. Admit.

Heard on I.A. No.22353 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by sole appellant.

This Criminal Appeal assails the judgment dated 24.11.2023 passed by Sessions Judge, Ashoknagar (M.P.) in Session Case No.106/2022 whereby, appellant has been convicted and sentenced under Section 317 of IPC to undergo rigorous imprisonment of three years with fine of Rs.2,000/-, under Section 318 of IPC to undergo rigorous imprisonment of one year with fine of Rs.1000/-, with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available on record. Further submission is that there are material omissions and contradictions in the

statement of prosecution witness. The ingredients of offence under Section 317 and 318 are not found to be proved. However, trial Court ignored the same and convicted appellant. Appellant was on bail during trial and never misused the liberty so granted. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.22353 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court on 11.03.2023 and on subsequent dates given by the

Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Rohit