Kusum Bai vs The State Of Madhya Pradesh
2023 Latest Caselaw 7697 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1327 of 2017 (KUSUM BAI Vs THE STATE OF MADHYA PRADESH)

Dated : 10-05-2023 Shri Narendra Tiwari, Advocate for the appellant.

Shri Pramod Kumar Pandey, Government Advocate for the State.

Heard on I.A. No. 22626/2022, which is repeat application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to the appellant-Kusum Bai.

The appellant has been convicted under Sections 302 of the I.P.C and has been sentenced to undergo R.I. for life and fine of Rs.1000/- with default stipulation by IIIrd Upper Session Judge, Jabalpur vide judgment dated 28.11.2013 passed in Session Trial No. 789/2013.

The appellant is the mother-in-law who has been found guilty of dowry death. The deceased has left a dying declaring squarely implicating the appellant.

Learned counsel for the State opposed the application and prayed for its rejection.

Without entering into the merits of the case, considering the fact that the appellant who is a women aged about 70 years has suffered about eight years and 2-3 months of custody period as against the life sentenced imposed. This Court inclines to extend the benefit of suspension of sentence to the appellant.

Accordingly, I.A.No. 22626/2022 is allowed. The execution of jail sentence of appellant- Kusum Bai 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/- Signature Not Verified Signed by: MRS PREETI TIWARI Signing time: 5/11/2023 1:56:52 PM

(Rupees Fifty thousand only) with two solvent sureties of Rs.25000/- each to the satisfaction of the trial court with a further direction to appear before the trial Court on 13.06.2023 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 final hearing in due course as per listing policy. Certified copy as per rules.

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

                          P/-




Signature Not Verified
Signed by: MRS PREETI
TIWARI
Signing time: 5/11/2023
1:56:52 PM