Poonam vs The State Of Madhya Pradesh
2023 Latest Caselaw 9810 MP

                                                                           1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                    CRA No. 6808 of 2023
                                                              (POONAM Vs THE STATE OF MADHYA PRADESH)

                                       Dated : 28-06-2023
                                             Shri Kamal Singh Rajput - Advocate for the appellant.

                                             Shri Pramod Saxena - Government Advocate for the State.


                                             Heard on the question of admission.
                                             The appeal is admitted for final hearing.
                                             Also heard on I.A. No.11684/2023, which is an application under Section

                                       389(1) of Cr.P.C. for suspension of sentence filed on behalf of appellant -
                                       Poonam, seeking suspension of sentence on the ground that vide impugned
                                       judgment dated 6/5/2023 passed in ST No.4111/2017 by learned 3rd Additional
                                       Session Judge, Khandwa, appellant-Poonam has been convicted for the offence
                                       under Sections 420, 467, 468 and 471 of the IPC and has been sentenced to
                                       undergo rigorous imprisonment for           three years with fine   of Rs.1,000/-
                                       respectively, S.I. for three year with fine of Rs.1000/- respectively with default
                                       stipulations respectively.
                                             It is submitted that during trial appellant Poonam was in custody for a

                                       period of one year three days and since she could not deposit the fine as she
                                       was in custody in another case she remained in jail for one month twenty two
                                       days post trial. Thus, she has spent almost fourteen months in custody. Hence,
                                       the execution of jail sentence of the appellant may be suspended and they may
                                       be enlarged on bail.

Signature Not Verified
                                             Learned Government Advocate for the respondent/State opposes the

SAN

Digitally signed by MOHD TABISH KHAN suspension application.

Date: 2023.06.28 16:33:38 IST

After hearing learned counsel for the parties and going through the

record, I.A. No.11684/2023 is allowed. If fine is not deposited then the same be deposited forthwith.

I t is directed that on depositing of fine amount, if not already deposited and on furnishing personal bond to the tune of Rs.50,000/- (Rupees Thousand Only) wit h two sureties in the like amount to the satisfaction of the Trial Court for her appearance before the Trial Court on 22.08.2023 and on subsequent dates as may be fixed by the concerned Court, the appellant be released on bail and the substantive sentence under appeal shall remain suspended.

List for final hearing in due course.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE

Tabish

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2023.06.28 16:33:38 IST