Sapna Prajapati @ Lalita Sharma @ ... vs State Of M.P.
2023 Latest Caselaw 10593 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 4924 of 2023
                                    (SAPNA PRAJAPATI @ LALITA SHARMA @ GAYATRI SHARMA Vs STATE OF M.P.)

                          Dated : 11-07-2023
                                Shri Shafiqullah - Advocate for appellant.

                                Shri Raghuvar Prajapati - Panel Lawyer for respondent/State.

Heard on admission.

The appeal is admitted for final hearing. Also heard on I.A. No.12911/2023, which is first application under

Section 389(1) of Cr.P.C. filed on behalf of appellant Sapna Prajapati for temporary suspension of sentence and grant of bail on the ground of her pregnancy.

In compliance of previous order, the State has verified the fact that appellant, who is in custody, is currently pregnant and her delivery is scheduled to be in the month of September, 2023.

Learned counsel for the appellant has argued on aforesaid I.A. and prayed that appellant be released on temporary bail for a period of four months starting from August, 2023.

Learned counsel for the State has opposed the bail application. Heard learned counsel for both the parties and perused the judgment and record of the court below.

Looking to the facts of the case and the present condition of appellant, I find it to be a fit case to temporarily suspend the jail sentence of the appellant and to release her on temporary bail. Therefore, without commenting on the merit of the case, this application is allowed.

It is directed that subject to depositing the fine amount, if not already Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 7/12/2023 3:37:14 PM

deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial jail sentence of appellant shall remain temporarily suspended and she shall be released on bail for a period of four months starting from 1st of August, 2023 and she shall surrender before the Jail Authorities on 01.12.2023. On her failure to surrender before the Jail Authorities, it shall be the duty of Jail Authorities to submit the information immediately thereafter before this Court.

List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

rv

Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 7/12/2023 3:37:14 PM