Madhya Pradesh High Court
Smt. Lalita Singaur vs The State Of Madhya Pradesh on 5 August, 2024
Author: Anuradha Shukla
Bench: Anuradha Shukla
1 CRA-7497-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7497 of 2022
(SMT. LALITA SINGAUR AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 05-08-2024
Shri Paritsoh Trivedi - Advocate for appellants.
Ms. Priyanka Mishra - Govt. Advocate for respondent/State.
Heard on I.A No.17532/2024, which is fourth application under
Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved
on behalf of appellant No.1 Smt. Lalita Singour.
The appellant has been convicted for the offence punishable under
Sections 366-A and 372 of IPC and sentenced to undergo R.I. for 03 years
and R.I. for 07 years with fine of Rs.1,000/- and Rs.2,000/-, respectively,
with default stipulations.
Learned counsel for the appellant submits that the maximum jail
sentence of appellant is of 7 years R.I. and 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.
Learned counsel for the State has opposed the application and prayed
for its rejection.
Heard counsel for the parties, perused the judgment and record of the
court below.
In this repeat application filed under Section 389 of Cr.P.C. which is
2 CRA-7497-2022
fourth in sequence, a request has been made for suspension of sentence and
for this it has been argued that co-convict Pramod Patel was granted bail in
this matter vide order dated 22.05.2024. That order reveals the bail was
granted in the light a compromise apparently reached between the parties and
applications in regard to this compromise were available on record. It is also
mentioned therein that the prosecutrix and her husband were present before
the Court. Considering these facts, the sentence of co-convict Pramod Patel
was suspended.
Appellant No.1-Lalita Singaur was convicted by the trial Court for the
offence of Section 366-A and 372 of IPC while co-convict Pramod Patel was
convicted under Section 4 of POCSO Act, besides these two sections of IPC.
Given the fact, that co-convict has been given the benefit of suspension of
sentence despite being guilty of graver offence, it would not be appropriate
to disallow the present application.
Having considered the aforesaid facts, this Court is of the considered
opinion that till disposal of this appeal, execution of jail sentence awarded to
appellant under the impugned judgment deserves to be suspended. Therefore,
without commenting on the merit of the case, this repeat bail 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
3 CRA-7497-2022
securing her presence before the trial Court concerned on 21.10.2024 and on
such other dates as may be fixed in this regard during pendency of this
appeal.
Accordingly, the aforesaid application stands allowed and disposed of.
List this criminal appeal for final hearing in due course.
(ANURADHA SHUKLA)
JUDGE
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