Smt. Saroj vs The State Of Madhya Pradesh
2023 Latest Caselaw 10121 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE

                             CRA No. 1410 of 2022
                     (SMT. SAROJ Vs THE STATE OF MADHYA PRADESH)



Dated : 04.07.2023

       Shri Yogesh Kumar Gupta- Advocate for the appellant.
       Shri Gaurav Singh Chouhan - Government Advocate for the
respondent/State.

Heard on I.A. No.13141/2022, which is the 1st application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail filed on behalf of the appellant- Smt. Saroj.

(2) The appellant has been convicted and sentenced as under:-

      Conviction                            Sentence

  Section & Act     Imprisonment      Fine imposed      Imprisonment in lieu
                                                        of fine

  Sec.302 of IPC    Life Imprisonment Rs.3000/-         03 months' R.I.

  Sec.201 of IPC    03 Years R.I.     Rs.2000/-         02 months' R.I.



(3)    Learned counsel for the appellant submits that the trial court has not

properly appreciated the evidence and there are so many contradictions and omissions in the statements of the prosecution witnesses. Learned counsel further submits that the accused is innocent lady and she has not committed the alleged offence and she has been maliciously confined and the trial court has committed an error in holding the accused guilty. The case is based on circumstantial evidence and prosecution has failed to complete the chain

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which indicates that the accused/appellant is involved in commission of alleged offence. The prosecution has failed to examine Rupali Bai in whose name SIM was registered which was recovered from Saroj Bai, therefore, it is doubtful that the mobile was used by Saroj Bai. Hence, looking to the period of sentence which the appellant has suffered so far and also keeping in view the fact that final hearing of the appeal will take a long time, the application for suspension of sentence be allowed.

(4) Learned counsel for the respondent/State opposed the prayer for grant of bail.

(5) Heard the learned counsel for the parties and perused the record. (6) Considering the facts and circumstances of the case as well as the arguments of the learned counsel for the parties and on perusal of the judgment of the trial court, this Court is of the opinion that the appellant deserves to be released on bail. Accordingly I.A. No.13141/2022 is allowed. (7) It is directed that if the appellant - Smt. Saroj deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) with a solvent surety in the like amount to the satisfaction of the trial Court for her appearance before the trial court on 4th December, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to her shall remain suspended till further orders and she shall be released on bail.

C.C. as per rules.

                      (S. A. DHARMADHIKARI )                                      (HIRDESH)
                              JUDGE                                                 JUDGE
    N.R.

Digitally signed by
NARENDRA KUMAR
RAIPURIA
Date: 2023.07.05
12:52:36 +05'30'