Roopa Alias Roop Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 8732 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 12032 of 2022
                                         (ROOPA ALIAS ROOP SINGH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-06-2023
                                Shri Mahendra Chaudhary, learned counsel for the applicant.

                                Sushri Abha Mishra - Public Prosecutor for the respondent/State.

Heard on I.A. No. 8740 of 2023, which is second application filed under Section 389(3) Cr.P.C. for suspension of sentence and grant of bail by sole appellant - Roopa @ Roop Singh.

H is first application was dismissed as withdrawn vide order dated

17.03.2023 by the Co-ordinate Bench of this Court.

This Criminal Appeal assails the judgment dated 05.12.2022 passed in Special Case No. 169/2016 by Second Additional Sessions Judge, Jora, District Morena whereby, appellant stood convicted under Sections 419/120-B of the I.P.C. and sentenced him to undergo R.I. for 2 years with a fine of Rs.1,000/-, Section 467/120-B of the I.P.C. and sentenced him to undergo R.I. for 7 years with a fine of Rs.5,000/-, Section 468/120-B of the I.P.C. and sentenced him to undergo R.I. for 5 years with a fine of Rs.2,000/-, Section 471/120-B of the I.P.C. and sentenced him to undergo R.I. for 7 years with a fine of Rs.5,000/-,

Section 420/120-B of the I.P.C. and sentenced him to undergo R.I. for 3 years with a fine of Rs.1,000/- with default stipulations.

Learned counsel for the appellants submits that the learned Trial Court has wrongly convicted the appellant without appreciating the evidence. It is further argued that there are material contradiction and omission in the statement of prosecution witnesses. Co-accused Murari Jatav has already been granted the benefit of suspension of sentence and grant of bail by the Co-ordinate Signature Not Verified Signed by: MOHD AHMAD Signing time: 6/15/2023 11:55:25 AM

Bench of this Court vide order dated 17.3.2023. He is in custody since 5.12.2022. He further submits that criminal appeal is likely to take long time to conclude. Hence, prayed to suspend the jail sentence and grant of bail to appellant.

Counsel for the State vehemently opposed the application and prayed for 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. 8740 of 2023, is hereby

allowed subject to depositing of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant - Roopa @ Roop Singh shall remain suspended till final disposal of this appeal and she be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 25/08/2023 and on other subsequent dates given by the Office in this regard.

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 Signature Not Verified Signed by: MOHD AHMAD Signing time: 6/15/2023 11:55:25 AM

Ahmad

Signature Not Verified Signed by: MOHD AHMAD Signing time: 6/15/2023 11:55:25 AM