Smt. Shyamwati vs The State Of Madhya Pradesh
2023 Latest Caselaw 236 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 12355 of 2022
                                      (SMT. SHYAMWATI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 04-01-2023
                               Shri R.K. Tiwari - Advocate for the appellants.

                               Shri A.K. Gupta - Government Advocate for the respondent/State.

Call for the trial Court record.

Also heard on I.A.No.24612/2022, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellants

pending the appeal.

T he appellants have been convicted for commission of offence under Section 409 of IPC read with Section 120-B of IPC and has been sentenced to undergo R.I. for 3 years and fine of Rs. 10,000/- and Section 420 of IPC read with Section 120-B of IPC and has been sentenced to undergo R.I. for 2 years and fine of Rs. 5,000/- with default stipulation by the learned Additional Sessions Judge, Anuppur vide judgment dated 10.12.2022 passed in Session Trial No.151/2015 (State of MP Vs. Gopika Prasad Mishra and others).

Learned counsel for the appellants has submitted that appellants have

been released on bail till 20.01.2023 by the trial Court. During trial, they were on bail and they have not misused the liberty granted to them by way of bail. Learned counsel further submitted that they have fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

On the other hand, learned counsel for the respondent/State has opposed

Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 1/5/2023 12:10:29 PM

the prayer for grant of bail to the appellants.

Considering the short nature of sentence and contention of learned counsel for the appellants, I deem it proper to suspend the remaining jail sentence of the appellants because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.24612/2022 is allowed. The execution of jail sentence of appellants-Smt. Shyamwati, Smt. Gitanjali, Keshav Singh and Teerath Prasad Jogi is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/-

(Rupees Fifty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 27.03.2023 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 argument on admission after receipt of the record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

L.R.

Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 1/5/2023 12:10:29 PM