Gore Lal Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 334 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 9355 of 2022
                                      (GORE LAL KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 05-01-2023
                                 Shri R.B.Tiwari- Advocate for the appellants.

                                 Shri S.K.Kashyap - Govt. Advocate for the respondent / State.

I.A. No.19458 of 2022, application for suspension of sentence and grant o f bail to the appellant No.2 - Smt.Teeja Bai @ Tijiya arising out of judgment dated 29.09.2022 delivered in S.T. No. 16/2017 by the learned Ist

Additional Sessions Judge, Bijawar, Distt. Chhatarpur is taken up.

The appellant No.2 has been convicted for the offence punishable under Section 302/34 of IPC and sentenced to undergo imprisonment for life and fine of Rs.5000/- with default stipulation.

It is urged that as per prosecution story, on 09.11.2016 at around 9:00 am, a sudden quarrel had taken place relating to irrigation of the agricultural land. The said quarrel took an ugly shape and it is alleged that accused persons assaulted Antu @ Annat. It is submitted that appellant No.2 is aged about 62 years (in the year 2017) and is a senior citizen. She has been falsely arraigned.

The final hearing of this appeal will take time. Accordingly, the remaining jail sentence of this appellant may be suspended.

Shri Kashyap, learned G.A. for the State opposed the prayer based on his objection.

We have heard the parties and perused the record. Considering the fact that appellant No.2 is a woman and is aged about 62 years (in the year 2017), without expressing any opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant. Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 06-Jan-23 10:32:00 AM

Accordingly, I.A. No. 19458/2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant No.2- Smt.Teeja Bai @ Tijiya is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty 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, Bijawar District Chhatarpur on 17th April, 2023 and also on such other dates as may be fixed by the trial court in this regard during the pendency of this appeal.

Certified copy as per rules.

                               (SUJOY PAUL)                              (AMAR NATH (KESHARWANI))
                                  JUDGE                                           JUDGE

                          sm




Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 06-Jan-23
10:32:00 AM