Hansa Vaishnav vs The State Of Madhya Pradesh
2023 Latest Caselaw 9953 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                        CRA No. 811 of 2023
                                             (HANSA VAISHNAV Vs THE STATE OF MADHYA PRADESH)

                           Dated : 01-07-2023
                                  Shri Pradeep Batra - Advocate for the appellant Hansa Vaishnav.

                                  Shri Atul Diwedi - P.L. for the respondent/State.

Heard on I.A No.4051 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Hansa Vaishnav arising out of judgment dated 24.12.2022 delivered in Special Case

No.14/2020 by Sessions Judge, District Damoh (M.P.).

Appellant has been convicted under Section 304 of the I.P.C. and sentenced to undergo R.I. for 5 years and fine of Rs.50,000/- with default stipulation.

A s per prosecution story, the appellant while not being a registered doctor were engaged in the medical profession and wrong treatment given by her to deceased Geetabai resulted in her death. It is further pointed out that there is very weak evidence on which appellant has been convicted ignoring the principle of proof beyond reasonable doubt. Final hearing of this appeal is not

possible in near future. Considering the aforesaid, remaining jail sentence of the appellant may be suspended.

On the other hand while opposing the prayer for suspension of sentence has clearly submitted that as per paragraph 214 of the judgment there is no previous criminal history and as per his knowledge also on record there is no other case.

I have heard the parties at length and perused the record. As per paragraph 215 of trial court judgment appellant Hansa Vaishnav Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 03-07-2023 09:57:26

was in custody from 02.12.2019 to 08.02.2020 and again from 24.12.2022 till date. Hence, looking to the all circumstances of the case and without expressing any conclusive opinion on the merits of the case, I deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A No.4051 of 2023, is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant Hansa Vaishnav is hereby suspended and it is directed that this appellant be released on bail on her furnishing a personal bond for a sum of Rs.50,000/- (Rupees fifty 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, Damoh District Damoh on

25 th September, 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.

(AVANINDRA KUMAR SINGH) JUDGE

Akm

Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 03-07-2023 09:57:26