Laxmi @ Munni Bai vs The State Of Madhya Pradesh
2023 Latest Caselaw 3663 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 3100 of 2023 (LAXMI @ MUNNI BAI Vs THE STATE OF MADHYA PRADESH)

Dated : 01-03-2023 Shri D. S. Rajawat, learned counsel for the appellant.

Shri B.M.Shrivastava, learned Public Prosecutor for the State. I.A. No.4106/2023, an application under Section 5 of Limitation Act for condonation of delay is taken up, considered and allowed for the reasons mentioned therein.

Delay in filing this appeal stands condoned.

I.A. No.4106/2023 stands disposed of. Heard on (I.A. No. 4104/2023), first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant

- Laxmi @ Munni Bai.

This criminal appeal has been filed against the judgment dated 30.11.2022 passed in ST No. 217/2017 by Sixth Additional Session Judge Gwalior Dist. Gwalior whereby appellant has been convicted and sentenced under Sections 363, 370(4), 372 read with Section 34 of IPC for six year RI, ten year RI and seven year RI with fine of Rs.2000/-, 5000/- and 3,000/- respectively, with

default stipulation.

I t is submitted by counsel for the appellant that the appellant is in jail since the date of judgment. She has suffered incarceration of more than six years. Fine amount has already been deposited by the appellant. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the contrary, learned counsel for the State opposed the application Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 3/2/2023 3:11:36 PM

and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible,(I.A. No. 4104/2023) is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 17th July, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to his shall

remain suspended till further orders and he shall be released on bail.

Application (I.A. No. 4104/2023) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 3/2/2023 3:11:36 PM