Sudha Goswami vs The State Of Madhya Pradesh
2023 Latest Caselaw 11559 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 5924 of 2023
                                      (SUDHA GOSWAMI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 24-07-2023
                                Shri S.K. Singh - Advocate for the appellant No.1.

                                Shri A.N. Gupta- Government Advocate for the respondent/State.

Heard on I.A. No.16399/2023 an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant No.1-Sudha Goswami arising out of judgment dated 19.04.2023 delivered in

S.T. No.554/2021passed by 21st Additional Sessions Judge and Special Judge, (M.P./M.L.A.) Bhopal, District Bhopal.

T h e appellant has been convicted under Section 147 of IPC and sentenced to undergo R.I. for one year with fine of Rs.500/- and Section 148 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs. 500/- and Section 302/149 of the IPC and sentenced to undergo R.I. for life with fine of Rs.1,000/- with default stipulations.

Learned counsel for the appellant submits that she has been wrongly convicted by learned trial Court; whereas, against her, there is no evidence on

record. Ansar Hussain (PW-4) and Shakir Hussain (PW-5) have not deposed about the presence of appellant during the incident. It is alleged that appellant assaulted deceased with stone but no corresponding injury has been found on the person of deceased. The appellant is in jail since 19.04.2023. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended and she be released on bail.

The prayer is opposed by learned Government Advocate. After taking into consideration above facts and over all evidence on Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 7/25/2023 4:14:21 PM

record against appellant with respect to her role in the alleged incident and without expressing any opinion on merits, we deem it proper to suspend the remaining jail sentence of appellant. Accordingly, I.A No.16399 /2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant-Sudha Goswami is hereby suspended and it is directed that appellant 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 concerning trial Court, Bhopal on

12.10.2023 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. as per rules.

                               (SUJOY PAUL)                                 (ACHAL KUMAR PALIWAL)
                                  JUDGE                                             JUDGE

                          sh




Signature Not Verified
Signed by: KUNDAN
SHARMA
Signing time: 7/25/2023
4:14:21 PM