Smt. Terasiya Bai Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 8949 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 5997 of 2019
                                      (SMT. TERASIYA BAI CHOUDHARY Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-06-2023
                                Shri Sanjeev Kumar Singh - Advocate for the appellant.

                                Shri P.K. Pandey - Government Advocate for the respondent-State.

Heard on I.A.No.24674/2022, which is an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to the appellant.

2. The appellant has been convicted for the offences punishable under Sections 302/149 of IPC and sentenced to undergo R.I. for life imprisonment with fine of Rs.1,000/-, u/S 307/149 of IPC and sentenced to undergo ten years RI with fine of Rs.500/-, u/S 147 of IPC and sentenced to undergo one year RI with fine of Rs.200/- and u/S 148 of IPC and sentenced to undergo one year RI with fine of Rs.200/- with default stipulations by 3rd Additional Sessions Judge, Shahdol (M.P.) vide judgment dated 29.03.2019 passed in S.T. No.07/2017.

3. Learned counsel for the appellant contends that on identical set of facts, co-accused Gendiya Bai has been enlarged on bail while taking into

consideration of her age as well as period of incarceration vide order dated 07.05.2022 passed in Cr.A. No.6010/2019.

4. Learned counsel for the appellant contends that the present appellant is aged about 62 years and has already suffered incarceration of 6 years and 9 months, hence prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal will take time.

5. Per contra, learned counsel for the respondent opposed the prays and submitted that after full-fledged trial, the appellant has been rightly Signature Not Verified Signed by: MANOJ NAIR Signing time: 6/20/2023 10:48:31 AM

convicted for the offences alleged to have been committed by her, therefore, the application for suspension of sentence deserves to be rejected.

6. Heard the rival submissions and perused the case diary.

7. The allegation levelled against the appellant is that the appellant attack the deceased with fists blow and it is not the case of prosecution that appellant was carrying any weapon.

8. While taking into consideration the fact that the appellant is aged about 62-63 years and has suffered 6 years and 9 months incarceration. There is no likelihood of hearing of this appeal in near future.

9. In view of the aforesaid, without commenting anything on the

merits of the case, this Court deem it proper to suspend the jail sentence of the appellant. Accordingly, IA.24674/2022 is allowed. The execution of jail sentence of appellant is hereby suspended subject to depositing of the fine amount, (if not already deposited). It is directed that the appellant be released on bail on her furnishing a personal bond to 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 Registry of this Court on 12.09.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

10. The appeal has already been admitted for final hearing, so it be listed for final hearing in due course.

C.C. as per rules.

                               (SHEEL NAGU)                                         (MANINDER S. BHATTI)
                                   JUDGE                                                  JUDGE

                          mn

Signature Not Verified
Signed by: MANOJ NAIR
Signing time: 6/20/2023
10:48:31 AM





Signature Not Verified
Signed by: MANOJ NAIR
Signing time: 6/20/2023
10:48:31 AM