Smt. Munnibai vs The State Of Madhya Pradesh
2023 Latest Caselaw 2718 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                        CRA No. 442 of 2023
                                             (SMT. MUNNIBAI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-02-2023
                                 Shri Manas Dubey, learned counsel for the appellant.

                                 Shri C.P.Singh, learned Panel Lawyer for the respondent- State.

Heard on admission.

Record of the trial Court has been received. Appeal appears to be arguable, is admitted for final hearing. Heard o n IA No.447 of 2023, which is the first application under

Section 389 of CrPC filed on behalf of appellant seeking suspension of sentence and grant of bail.

Vide judgment dated 28-12-2022 passed by Additional Sessions Judge and Special Judge (Electricity Act), Gwalior in Sessions Trial No. 362 of 2012, the appellant has been convicted under Section 409 of IPC and sentenced to undergo four years rigorous imprisonment with fine of Rs. 5,000/- with default stipulation.

Allegation against the present appellant is that she has misappropriated the fund being Sarpanch of Village Gurri to the tune of Rs.25, 23,407/-. On the

basis of report of complainant, Crime No. 114 of 2009 for offence under Section 406 of IPC was registered initially. Thereafter offence was converted to Section 409 of IPC. After completion of investigation and other formalities, charge sheet was filed before the competent court from where the case was committed to the special court for its trial. The trial Court after conclusion of trial, convicted and sentenced the appellant for the offence as mentioned above.

Learned counsel for the appellant submits that appellant being an old lady Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 2/14/2023 5:46:58 PM

aged around 61 years. She was on bail during trial and did not misuse the liberty so granted to her. Fine amount has already been deposited by the appellant. The appeal is of 2023 and final outcome of appeal will take some time. Hence, prayed for suspension of jail sentence and grant of bail of the appellant.

O n the other hand, the application is opposed by State Counsel and prayed for its rejection.

Up o n hearing learned counsel for the parties and considering the aforesaid facts of the case, but without commenting upon the merits of the case, IA is allowed and it is directed that the jail sentence of appellant shall remain suspended during pendency of present appeal and she be released on

bail on furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) wit h one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. The appellant is directed to appear before Registry of this Court first on 20.04.2023 and on other subsequent dates as may be fixed by the Office.

Accordingly, IA stands allowed and disposed of. Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the appeal.

List for final hearing in usual course.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 2/14/2023 5:46:58 PM