Ritika Pandey @ Chandni vs The State Of Madhya Pradesh
2023 Latest Caselaw 7451 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 5859 of 2023
                                        (RITIKA PANDEY @ CHANDNI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 08-05-2023
                                Shri Amilesh Chaturvedi - Advocate for the appellant.

                                Smt. Seema Sahu - Panel Lawyer for the respondent /State.

Call for trial Court record.

Heard on I.A.No.9365/2023, 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 498A of IPC and Section 4 of Dowry Prohibition Act and has been sentenced to R.I. for 03 years and R.I. for 02 years respectively, and fine of Rs.7000/- and Rs.5000/- with default stipulations by the learned 7th Additional Sessions Judge, Rewa (M.P.) vide judgment dated 10.4.2023 p as s ed in Sessions Trial No.4100942/2016 (State of M.P. Vs. Ashish Tiwari and others).

Learned counsel for the appellant has submitted that appellant has been released on bail till 11.5.2023 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.

Considering the short nature of sentence and contention of learned Signature Not Verified Signed by: DEEPA MISHRA Signing time: 5/9/2023 11:12:12 AM

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.9365/2023 is allowed. The execution of jail sentence of appellant - Ritika Pandey @ Chandni 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 27.07.2023 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. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 5/9/2023 11:12:12 AM