Smt. Parvati Bai vs The State Of Madhya Pradesh
2023 Latest Caselaw 10530 MP

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                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                              CRA No. 7383 of 2022
                    (SMT. PARVATI BAI Vs THE STATE OF MADHYA PRADESH)

Dated : 10-07-2023
        Shri Durgesh Kumar Singrore- Advocate for the appellant.

        Shri Akhilendra Singh - Government Advocate for the respondent/State.

Heard on I.A. No. 21472/2022 an application under Sections 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant-Parvati Bai arising out of judgment dated 08.07.2022 delivered in

S.T. No.85/2021 by 4th Additional Sessions Judge,Mandla.

T h e appellant has been convicted under Section 302 of IPC and sentenced to undergo R.I. for Life with fine of Rs.2000/-with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. Th e prosecution has failed to prove its case against the appellant beyond the reasonable doubt. It is urged that at the time of incident, appellant was sleeping in the house of Sahago Bai (DW-1) and she was not in her own house, whereas her husband was in his

own house. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended and he be released on bail.

The prayer is opposed by learned Government Advocate. We have gone through the evidence of the witnesses on record and the findings recorded by the learned trial Court in the impugned judgment. Having taken into consideration the evidence of the witnesses and other material available on record, we are of the considered view that no case for suspension

of sentence of the appellant is made out.

Therefore, I.A.No.21472/2022 an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to appellant-Parvati Bai stands dismissed.

       (SUJOY PAUL)                                 (ACHAL KUMAR PALIWAL)
          JUDGE                                             JUDGE

    L.R.signed by
Digitally
LALIT SINGH RANA
Date: 2023.07.11
11:11:22 +05'30'