Kajal Thakur @ Sweety Thakur vs The State Of Madhya Pradesh
2023 Latest Caselaw 9397 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 7186 of 2023
                                     (KAJAL THAKUR @ SWEETY THAKUR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 22-06-2023
                                Shri Raj Kumar Dubey - Advocate for the appellant.

                                Shri Pramod Thakre - Govt. Advocate for the respondent /State.

Call for trial Court record.

Heard on I.A.No.13333/2023, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant

pending the appeal.

T he appellant has been convicted for commission of offence under Section 327 of IPC and has been sentenced to R.I. for 03 years and fine of Rs.5000/- with default stipulations, under Sections 324, 324/34 of IPC and under Section 25(1-B)B of Arms Act has been sentenced to R.I. for 01-01 year and fine of Rs. 2000/- for each offence with default stipulations by the learned 7th Additional Sessions Judge, Bhopal vide judgment dated 25.5.2023 passed in S.T. No.735/2019 (State of M.P. Vs. Kajal Thakur and another).

Learned counsel for the appellant has submitted that appellant has been

released on bail till 25.6.2023 by the trial Court itself. During trial, she was on bail and she has not misused the liberty granted to her by way of bail. Learned counsel further submitted that she has fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant. Signature Not Verified Signed by: DEEPA MISHRA Signing time: 6/23/2023 2:48:39 PM

Considering the short nature of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.13333/2023 is allowed. The execution of jail sentence of appellant - Kajal Thakur @ Sweety Thakur is hereby suspended subject to depositing 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 trial Court on 8.8.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for admission immediately after receipt of record along with Cr.A. No.7232/2023.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 6/23/2023 2:48:39 PM