Asha Devi vs The State Of Madhya Pradesh
2023 Latest Caselaw 14651 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 9079 of 2023
                                           (ASHA DEVI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 05-09-2023
                                 Shri Abhay Saraswat, learned counsel for the appellant.

                                 Shri V.S.Panwar, learned P.L. for the respondent/State.

Heard on the question of admission.

2. The appeal is admitted for final hearing.

3. Also, heard on I.A. No.12290/2023, which is first application for

suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of appellant no.1 Asha Devi and appellant no.2 Sandeep.

4. The trial Court has convicted the appellants vide judgment of conviction and order of sentence dated 15.06.2023 in S.T. No.70/2017 passed by the Additional Sessions Judge, Petlawad District Jhabua (M.P.) as:-

Conviction of appellant no.1 Asha Devi as under:- Session & Act Imprisonment Fine Imprisonment in lieu of fine 420/34 of the IPC 5 years RI Rs.1,00,000/- 1 year add. RI 409/34 of the IPC 7 years RI Rs.25,000/- 1 year add. RI 467/34 of the IPC 7 years RI Rs.25,000/- 1 year add. RI 471/34 of the IPC 1 years RI Rs.1,000/- 1 year add. RI

Conviction of appellant No.2 Sandeep as under:- Session & Act Imprisonment Fine Imprisonment in lieu of fine 420/34 of the IPC 5 years RI Rs.1,00,000/- 1 year add. RI 406/34 of the IPC 3 years RI Rs.25,000/- 1 year add. RI 467/34 of the IPC 7 years RI Rs.25,000/- 1 year add. RI 471/34 of the IPC 1 years RI Rs.1,000/- 1 year add. RI

5. Learned counsel for the appellants is praying only on the basis that appellant no.1 Asha Devi and appellant no.2 Sandeep have completed more Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 05-09-2023 18:49:53

than half of the jail sentence. Appellant no.1 Asha Devi was in custody from 13.03.2019 to 19.07.2022 and appellant no.2 Sandeep was in custody from 10.12.2014 to 10.05.2018 during the trial and thereafter both of them are in custody from the date of impugned judgment i.e. 15.06.2023. Further it is prayed that final hearing of this appeal is not possible in near future therefore, it is prayed that on the basis of their custodial period the remaining jail sentence of the appellants may be suspended and they may be granted bail.

6. On the other hand, learned Panel Advocate opposes the prayer made by the appellants and prays for its rejection.

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

record.

8. Considering the custodial period of the appellants coupled with the fact that the final hearing of this appeal is not possible in near future, therefore, without expressing any opinion on merits of the case, I.A. No.12290/2023 is allowed and the jail sentence of the appellants shall remain suspended.

9. It is directed that subject to depositing the fine amount, if already not deposited, appellant no.1 Asha Devi and appellant no.2 Sandeep shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each along with separate sureties in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 01.11.2023, 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.

(PRAKASH CHANDRA GUPTA) Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 05-09-2023 18:49:53

JUDGE ajit

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 05-09-2023 18:49:53