Laxmi @ Munni Bai vs The State Of Madhya Pradesh
2023 Latest Caselaw 11311 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 3054 of 2023 (LAXMI @ MUNNI BAI Vs THE STATE OF MADHYA PRADESH)

Dated : 20-07-2023 Shri D. S. Rajawat, learned counsel for the appellant.

Shri Prabhat Pateriya-P.P.- appearing on behalf of Advocate General. Heard on I.A. No. 4060 of 2023, which is First application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant - Laxmi @ Munni Bai.

This Criminal Appeal assails the judgment dated 30.11.2022 passed by

6th Additional Sessions Judge, District Gwalior in Sessions Trial No. 232/2017, whereby appellant has been convicted and sentenced to undergo imprisonment as under :-

Conviction U/s Sentence Fine (in Rs.) Default (in lieu of fine) 363 of IPC 6 years RI 2,000/- One Month RI 370 (4) of IPC 10 years RI 5,000/- Three months RI 372 r/w section 34 7 years RI 3,000/- Two months RI of IPC

Learned counsel for the appellant submits that the trial Court has wrongly

convicted the appellant. There are material omissions and contradictions in the evidence of prosecution witnesses. No active role of the present appellant has been proved by the prosecution in commission of offence. The appellant has already served total incarceration of 6 and 1/2 years out of total awarded maximum sentence of 10 years. Final hearing of this appeal will take long time.

Hence, prayed to suspend the jail sentence and grant of bail to the appellant. Signature Not Verified Signed by: SANJAY Counsel for the State vehemently opposed the application and prayed for NAMDEORAO DURGEKAR Signing time: 20-07-2023 04:03:30 PM its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No. 4060 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant - Laxmi @ Munni Bai shall remain suspended and she be released on bail. The appellant is further directed to mark her appearance before the Office of this Court on 27/10/2023 and on

subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 20-07-2023 04:03:30 PM