Amaribai vs The State Of Madhya Pradesh
2023 Latest Caselaw 14937 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                              CRA No. 8146 of 2023
                     (AMARIBAI Vs THE STATE OF MADHYA PRADESH)

Dated : 11-09-2023
      Shri K. S. Rajput - Advocate for appellant.

      Shri Christopher Anthony - Panel Lawyer for the State.

      Reserved on              : 06.09.2023
      Pronounced on            : 11.09.2023

      Arguments of both the counsel for the parties are heard at length.

      Judgment and record of the Court below perused.
                                  ORDER

Heard on admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A No.14998/2023, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of the appellant.

T h e appellant has been convicted for the offences punishable under Section 420 of IPC and sentenced to undergo R.I. for 3 years with fine of

Rs.2,000/-, Section 471 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.2,000/- and Section 120-B of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.2,000/-, with default stipulations.

Learned counsel for the appellant submits that the jail sentence of appellant was suspended by the trial court till 15.7.2023 as mentioned in the application. The maximum jail sentence of appellant is of three years and she was on bail during trial but she did not misuse the liberty granted to her and also

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.

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 judgment and record of the court below.

Looking to the overall facts and circumstances of the case and the evidence available on record as well as the grounds raised about infirmities in its

appreciation, I find it to be a fit case to suspend the jail sentence of the appellant and to release her on bail, therefore, without commenting on the merit of the case, this application is allowed.

I t 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 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 28.11.2023 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

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Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.09.12 16:38:30 +05'30' Adobe Reader version: 11.0.8