Pramod vs The State Of Madhya Pradesh
2023 Latest Caselaw 1654 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                           AT INDORE
                            CRA No. 11468 of 2022
           (PRAMOD AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 30-01-2023
      Shri Gaurav Laad, learned counsel for the appellants.

      Shri    Bhaskar      Agrawal,     learned     Govt.    Advocate      for   the
respondent/State.

Heard on I.A. no.15838/2022, which is first application for suspension of jail sentence and grant of bail filed under section 389 of the Cr.P.C. on behalf of

appellant no.2 Sonu Bai and appellant no.3 Susheela Bai.

The trial Court has convicted the appellant no.2 Sonu Bai under Sections 363 of the IPC and appellant no.3. Susheela Bai under section 368 of I.P.C. and sentenced to undergo 5 years R.I. to both appellants with fine of Rs.2,000/- each, with default stipulation respectively, vide judgment of conviction and order of sentence dated 25.11.2022 passed by Special Judge, POCSO Act, District Mandaleshwar, West Nimad (M.P.) Learned counsel for the appellants submit that the appellants have not committed any offence and they have falsely been implicated in the case.

Appellants are women and are in custody. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining jail sentence may be suspended and the appellants may be released on bail.

Learned Govt. Advocate for the respondent/State opposed the prayer of the appellants for suspension of jail sentence.

We have heard learned counsel for both the parties and perused the record.

Looking to the short period of jail sentence of the appellants coupled

with the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A.No.15838/2022 is allowed and jail sentence of the appellants shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellants shall be released on bail, on furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each along with separate sureties in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 13.03.2023, and on such other dates, as may be fixed by the Registry in this regard, till final

disposal of this appeal.

I.A.No.15838/2022 stands disposed of.

List for final hearing in due course.

C.C. as per rules.

                  (S. A. DHARMADHIKARI)                      (PRAKASH CHANDRA GUPTA)
                           JUDGE                                      JUDGE

           ajit




Digitally signed by AJIT
KAMALASANAN
Date: 2023.01.31 12:22:24 +05'30'