Smt. Sumatra Bai vs The State Of Madhya Pradesh
2023 Latest Caselaw 16192 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 9561 of 2023
                                            (SMT. SUMATRA BAI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 03-10-2023
                                Shri Rajendra Yadav - Advocate for the appellant.

                                Smt. Priyanka Mishra - Govt. Advocate for respondent/State.

Record of the trial Court has been received. Heard on admission.

This appeal being arguable is admitted for final hearing.

Also heard on I.A No.17962/2023, which is the first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of the appellant.

The appellant has been convicted for the offences punishable under Sections 363/34 and 366/34 of IPC and sentenced to undergo R.I. for two years with fine of Rs.2,000/- and R.I. for three years with fine of Rs.3,000/- with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. He also submits that the trial Court

has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offences. The jail sentences were suspended by the trial Court till 10.08.2023 which was extended by this Court till 10.10.2023. The maximum jail sentence awarded to the appellant is of three years. The appeal would take considerable time to conclude. She is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered. Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 10/4/2023 3:24:56 PM

On the other hand, learned counsel for the State has opposed the application and prays for its rejection.

Heard counsel for the parties and perused the record. Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentences awarded to the appellant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees

Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellant shall remain suspended and she shall be released on bail for securing her presence before the trial Court concerned on 04.12.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

rv

Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 10/4/2023 3:24:56 PM