Karan vs The State Of Madhya Pradesh
2023 Latest Caselaw 842 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 6078 of 2021
                                           (KARAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-01-2023
                                Shri Baboo Ji Chourasia - Advocate for appellant No. 3- Prem Bai.

                                Shri Ajay Shukla - G.A. for the respondent-State.

Heard on I.A. No.10848/2022, which is an application filed under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of bail to appellant No. 3 Prem Bai.

Appellant No.3 has been convicted for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs.1000/- with default stipulation.

Learned counsel for the appellant submits that as per prosecution story on 07.01.2017 at around 9:30 PM at village Chandpur, a quarrel took place wherein co-accused Karan and Sonu assaulted deceased Ishwar by means of an axe. As per the prosecution story, appellant assaulted the deceased by means of a lathi. Para 29 of the judgment shows that cause of death is because of an injury allegedly caused by means of an axe. The appellant is a married woman

and is in custody from date of judgment. The final hearing of this appeal will take time therefore, the remaining jail sentence of this appellant may be suspended.

Learned Government Advocate for the respondents/State opposes the prayer on the basis of objection.

We have heard the parties and perused the record. Considering the limited role allegedly played by appellant No. 3 coupled with the fact that she is a woman and is in custody since 21.09.2021 and final Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 1/13/2023 6:17:20 PM

hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence.

Accordingly, aforesaid I.A. is allowed.

Subject to depositing (if already not deposited), execution of jail sentence of the appellant No. 3 Prem Bai is hereby suspended. It is directed that the appellant shall be released on bail on her furnishing a personal bond for the sum of Rs.30,000/- (Rupees thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the Trial Court Rahli, District Sagar with a further direction to appear before the trial Court on 1st May, 2023 and also on such other dates as may be fixed by the Court in this regard during the

pendency of this appeal.

C.C. as per rules.

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

                          Akm




Signature Not Verified
Signed by: AKANKSHA
MAURYA
Signing time: 1/13/2023
6:17:20 PM