Jagdeesh Choudhry vs The State Of Madhya Pradesh
2023 Latest Caselaw 19633 MP

Madhya Pradesh High Court

Jagdeesh Choudhry vs The State Of Madhya Pradesh on 23 November, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 4817 of 2023 (JAGDEESH CHOUDHRY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 23-11-2023 Shri Akash Singhai - Advocate for the appellant No.4.

Ms. Shanti Tiwari - Panel Lawyer for the State.

Also heard on IA No.26457/2023, which is second application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant No.4-Smt. Kalpana. First application has been

dismissed as withdrawn vide order dated 27.09.2023.

Appellant has been convicted under Section 304-B and 201 IPC and Section 4 of Dowry Prohibition Act and sentenced as mentioned in the impugned judgment dated 20.03.2023 passed by 9th ASJ, Katni in ST No.19/2018.

It is submitted by the counsel for the appellant that the appellant has been falsely implicated in the case. She happens to be sister-in-law of the deceased. She is married and on the date of incident she was residing separately in her matrimonial house. She has no nexus with the death of the deceased. It is

further submitted that appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentence of the appellant may be suspended.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case and the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.26457/2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and she be released on bail upon her furnishing a 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 the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 02.01.2023 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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