Usha vs The State Of Madhya Pradesh
2023 Latest Caselaw 10601 MP

                                                                 1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                        CRA No. 9066 of 2018
                                          (USHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                    Dated : 11-07-2023
                         Shri Manoj Kushwaha - Advocate for the appellant No.1 Usha.

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

Heard on I.A.No.16082 of 2023, an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant No.1 Usha arising out of judgment dated 29/10/2018 delivered in S.T. No.204/2015 by Sessions Judge,

Chhatarpur, District Chhatarpur.

This appellant has been convicted under Section 148 of IPC and sentenced to undergo R.I. for three years with fine of Rs.500/-, Section 307/149 of IPC and sentenced to undergo R.I. for seven years with fine of Rs.500/-, Section 302 of IPC and sentenced to undergo for Life with fine of Rs.500/- and Section 120-B of IPC and sentenced to undergo RI for three years with fine of Rs.500/-, with default stipulations.

Learned counsel for the appellant fairly submits that although on 21/08/2019 previous application of this appellant was dismissed on merits, fact remains that subsequently on 26/04/2023 this Court was kind enough in suspending the remaining jail

sentenced of similarly situated co-accused Ratibai (appellant No.2). By taking this Court to the prosecution story, it is urged that role allegedly played by present appellant is similar to that of played by Ratibai. Thus, by applying the principles of parity, she may also be given the similar benefit.

Learned Government Advocate opposed the prayer on the basis of objection. However, on a specific query from the Bench, he fairly admitted that the role played by present appellant appears to be similar to that of Ratibai.

Considering the aforesaid, without expressing any opinion on merits of the case, Signature Not Verified Signed by: MANJU Signing time:

7/12/2023 11:27:02 AM

we deem it proper to suspend the remaining jail sentence of the appellant No.1 usha.

Accordingly, I.A.No.16082 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.1 is hereby suspended and it is directed that appellant No.1 Usha 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, Chhatarpur on 3rd of October, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                         (SUJOY PAUL)                                           (ACHAL KUMAR PALIWAL)
                            JUDGE                                                       JUDGE

                   manju




Signature Not Verified
Signed by: MANJU
Signing time:
7/12/2023 11:27:02 AM