Sajju @ Khajju Kol vs The State Of Madhya Pradesh
2023 Latest Caselaw 10145 MP

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 5751 of 2022
                                     (SAJJU @ KHAJJU KOL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 04-07-2023
                                Ms. Sarita Kochhal, learned counsel for the appellants.

                                Shri Amit Sharma, learned GA for the respondent/State.

I.A.No. 15776 of 2022 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant - Sajju @ Khajju Kol is taken up.

At the outset, learned counsel for the appellants does not press the application for appellant No.1- Sajju @ Khajju Kol.

Accordingly, the application filed on behalf of appellant No.1 is dismissed as withdrawn.

Heard on I.A No.15784/2022 on behalf of appellant No.2 - Usha Kol for suspension of sentence and grant of bail arising out of judgment dated 30.03.2022 delivered in Sessions Trial No.158/2021 by 2nd Additional Sessions Judge Amarpatan, District Satna (M.P).

The appellant No.2 has been convicted under Section 302 r/w 34 of IPC

and sentenced to undergo life imprisonment and fine of Rs.5000/- with default stipulations.

Learned counsel for the appellant submits that the main role allegedly played by appellant No.1. The appellant No.2 is a married lady having five children. The appellant No.2 is in custody from the date of judgment. Final hearing of this appeal will take time. Considering the aforesaid, the remaining jail sentence of the appellant No.2 may be suspended.

Learned Government Advocate has opposed the prayer on the basis of Signature Not Verified Signed by: PRARTHANA SURYAVANSHI Signing time: 7/4/2023 4:49:25 PM

objection.

Considering the fact that appellant No.2 is a married women having five children and fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of the appellant No.2.

Accordingly, I.A.No.15784/2022 is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant No.2 is hereby suspended. It is directed that the appellant No.2- Usha Kol be released on bail on her 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, Amarpatan District

Satna on 25 th September, 2023 and also on such other dates, as may be fixed by the trial Court in this regard during the pendency of this appeal.

C.C. today.

                            (SUJOY PAUL)                                    (ACHAL KUMAR PALIWAL)
                               JUDGE                                                JUDGE

                         Prar




Signature Not Verified
Signed by: PRARTHANA
SURYAVANSHI
Signing time: 7/4/2023
4:49:25 PM