Smt. Aiysha vs The State Of Madhya Pradesh
2023 Latest Caselaw 2650 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 1198 of 2023
                                              (SMT. AIYSHA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-02-2023
                                Shri M. Shafiqullah, learned counsel for the appellant.

                                Shri Manoj Kushwaha - Panel Lawyer for the respondent/State.

Trial Court record has been received.

Heard on admission.

Prima facie, this appeal seems to be arguable. Hence, admitted for final

hearing.

Heard on I.A.No.1517/2023 an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to appellant pending the appeal.

T he appellant has been convicted for commission of offences under Sections 420 and 471 of IPC and has been sentenced to undergo R.I. for 3 years R.I. and 1 year R.I and fine of Rs.2000/- each with default stipulation vide judgment dated 11.1.2023 passed in S.T. No.67/2016 (State o f M.P. Vs. Smt. Aiysha) by 26th Addtional Session Judge, Bhopal.

Learned counsel for the appellant has submitted that appellant has been erroneously convicted by the learned trial Court. In the course of trial, appellant was on bail and she has not misused the liberty granted by way of bail. Learned trial Court itself released her on bail till 13.2.2023. Learned trial Court has not properly appreciated the evidence of prosecution witnesses. Appellant has fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, it has been prayed that the appellant Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/13/2023 5:35:31 PM

be released on bail till the disposal of appeal.

On the other hand, learned counsel for the respondent/State has opposed grant of bail to the appellant.

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the execution of remaining jail sentence of the appellant.

Consequently, I.A.No.1517/2023 is allowed. The execution of jail sentence of appellant is hereby suspended subject to depositing the fine amount if not already deposited. It is directed that appellant be released on bail on her furnishing a personal bond to a sum of Rs.50,000/- (Rupees

Fifty 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 on 15.06.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for final hearing in due course. Certified copy today.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/13/2023 5:35:31 PM