Anita vs The State Of Madhya Pradesh
2023 Latest Caselaw 7940 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        CRA No. 550 of 2013
                                                  (ANITA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 12-05-2023
                                 Shri Palash Choudhary, learned counsel for the appellant.

                                 Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
                           respondent/State.

Heard on I.A. No.3883/2022 which is repeat third application for suspension of sentence and grant of bail filed under section 389(1) of the

Cr.P.C. on behalf of appellant-Anita.

2 . First application of the appellant was dismissed as not pressed vide order dated 30.09.2013 and thereafter, second application of the appellant was dismissed vide order dated 22.04.2019.

3 . The trial Court has convicted the appellant under Section 302 of the I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs. 1,000/- and under section 342 of the IPC sentenced to undergo 3 months R.I., with default stipulation, vide judgment of conviction and order of sentence dated 24.01.2013 passed by the Additional and Sessions Judge and Special Judge, (Electricity

Act) Indore in S.T. No.138/2012.

4 . As per prosecution case, on 01.10.2011 at 2:30 p.m. appellant killed the deceased Bhawana by giving her poison in tea.

5. Learned counsel for the appellant submits that the appellant has not committed any offence. He has falsely been implicated in the case. The appellant is in custody for more than 11 years and final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail. Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 13-05-2023 11:11:09

6 . Learned Govt. Advocate for the respondent/State has opposed the prayer of the appellant and prays or its rejection.

7 . We have heard learned counsel for both the parties and perused the record.

8. Looking to the facts and circumstances of the case and also considering the custodial period of the appellant without expressing any opinion o n merits of the case, the application I.A. No.3883/2022 is allowed and jail sentence of the appellant shall remain suspended.

9. It is directed that subject to depositing the fine amount, if already not deposited, appellant-Anita shall be released on bail, on furnishing personal

bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for her appearance before the Registry of this Court firstly on 17.07.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

10. List for final hearing in due course.

C.C. as per rules.

                                  (S. A. DHARMADHIKARI)                          (PRAKASH CHANDRA GUPTA)
                                           JUDGE                                          JUDGE

                           ajit




Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 13-05-2023
11:11:09