Smt. Kusum Gond vs The State Of Madhya Pradesh
2023 Latest Caselaw 2083 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 12238 of 2022 (SMT. KUSUM GOND Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 06-02-2023 Shri Basant Raj Pandey - Advocate for the appellant.

Ms. Seema Sahu - Panel Lawyer for the State.

Heard on admission.

The appeal is admitted for hearing.

Also heard on I.A. No.24449 of 2022, which is an application filed by the

appellant under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.

The appellant has been convicted by the impugned judgment passed by the trial Court for offences punishable under Sections 363 and 366 (A) of the Indian Penal Code and sentenced to undergo RI for 5 - 5 years (for each offence) with fine of Rs.1,000/- on each count with default stipulation.

Learned counsel for the appellant submits that the trial Court has not appreciated the evidence on record in proper perspective and hence arrived at erroneous findings. There are material contradiction and omission in the

testimonies of the witnesses. It is also submitted that suspension of sentence of the co-accused Mamta Kori has already been suspended by this Court. Appellant is in custody and final disposal of this appeal would take considerable time, therefore, his custodial sentence may be suspended and he may be released on bail on the ground of parity and other facts and circumstances of the case.

Signature Not Verified SAN

Learned Panel Lawyer for the State has opposed the application for Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.02.07 16:45:39 IST suspension of sentence and grant of bail.

I have heard learned counsel for the parties and perused the record. The appellant is a lady aged about 26 years. Final disposal of this appeal would take considerable time. Looking to the overall facts and circumstances of the case and maintaining parity with co-accused Mamta Kori, without commenting on the merit of the case, the application is allowed.

It is directed that execution of remaining jail sentence of the appellant - Smt. Kusum Gond shall remain suspended and she shall be released on bail on her furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with a surety in the like amount to the satisfaction of the trial Court concerned for her appearance before the trial Court on 24.07.2023 and

on such other dates as may be fixed in this regard during pendency of this appeal. It is made clear that if the appellant is found involved in similar offence in future, this order of suspension shall stand ineffective.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.02.07 16:45:39 IST