Smt. Priyanka Narwariya vs The State Of Madhya Pradesh
2023 Latest Caselaw 18514 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRR No. 3787 of 2023
                                         (SMT. PRIYANKA NARWARIYA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-11-2023
                                 Mr. Pallav Tripathi - Advocate for the petitioner.

                                 Mr. Dinesh Savita - Public Prosecutor for respondent/State.

Heard on admission.

Being arguable, this revision is admitted for final hearing. Heard on IA No. 19257 of 2023, which is the first application for suspension of sentence and grant of bail filed on behalf of revision petitioner.

This revision is preferred by the petitioners accused challenging the judgment dated 07/08/2023 passed by 9th Additional Sessions Judge, Gwalior, in Criminal Appeal No.52/2023, whereby the appellate Court has partly allowed the appeal filed by the present petitioner challenging the judgment of conviction and sentence dated 31/12/2022 passed by Judicial Magistrate First Class, Gwalior in Criminal Case No.2407243/2014. The appellate Court has reduced the sentence of the present petitioner to six months R.I. and six months R.I from one year RI and one year R.I. under Sections 6(kha) read with Section 23(1), Section 3(3) read with Section 23(1) of the Pre-conception and Pre-natal

Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 respectively and modified the fine amount of Rs.3,000/- each with default stipulation.

Learned Counsel for the revision petitioner submits that the learned Appellate Court did not appreciate the evidence in proper perspective. Further, the learned Appellate Court did not properly consider the contentions raised in the appeal. The revision petitioner was on bail during trial and he did not misuse the liberty so granted to him. Fine amount has already been deposited by the Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/4/2023 11:41:48 AM

petitioner. The petitioner is in jail from the date of judgment. There is no likelihood of early hearing of revision in near future. No criminal antecedents is reported against the revision petitioner. On these grounds, learned Counsel prays that execution of remaining jail sentence of revision petitioner may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent/State opposes the application and prays for rejection of suspension of sentence and grant of bail.

Upon hearing learned Counsel for parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly, directed that execution of

remaining jail sentence of revision petitioner shall remain suspended during pendency of this revision and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for her appearance before the Registry of this Court on 21/11/2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, IA No. 19257 of 2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/4/2023 11:41:48 AM