Mithlesh Kumar vs Complainant Manju Devi
2023 Latest Caselaw 19078 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                     CRA No. 13813 of 2023
                                              (MITHLESH KUMAR Vs COMPLAINANT MANJU DEVI)

                          Dated : 09-11-2023
                                 Shri Akhilesh Singh- Advocate for the appellant.

                                 Shri Abhay Shankar Pathak - Government Advocate for the
                          respondent/State.

Record of the Court below be called for.

Issue notice to the respondent on payment of process fee within seven

working days by RAD mode.

Notice be made returnable within four weeks. Heard on I.A. No. 25985/2023, an application under Section 389(1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of judgment dated 20.10.2023 delivered in S.T. No.100131/2016 by Additional Sessions Judge, Teonthar District Rewa.

Appellant has been convicted under Section 471 of IPC and sentenced to undergo R.I. for 2 years with fine of Rs.1000/- and Section 420 of IPC and sentenced to undergo R.I. for 2 years with fine of Rs. 1000/-with default

stipulations.

Learned counsel for appellant submits that appellant is a lady and has been falsely implicated in this case. He further submitted that the it is a complaint case. Fine amount has been deposited. Appellant has been released on bail till 05.12.2023 by the trial Court. During trial, she has not misused the liberty granted to her by way of bail. She has no criminal record. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended and she be released on bail. Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 11/9/2023 6:15:28 PM

O n the other hand, learned Government Advocate for the State has opposed the bail application.

Considering the short period of sentence and contention of learned counsel for the appellant and fact that hearing of this appeal is not possible in near future and without expressing any opinion on merits, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 25985/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of appellant-Mithlesh Kumari, is hereby suspended and it is directed that the appellant be released on bail on her furnishing a

personal bond for 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 concerning trial court on 10.01.2024 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the case after four weeks for admission. C. c. as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

L.R.

Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 11/9/2023 6:15:28 PM