Madhya Pradesh High Court
Rashida @ Rabiya vs The State Of Madhya Pradesh on 6 February, 2024
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1757 of 2024
(RASHIDA @ RABIYA Vs THE STATE OF MADHYA PRADESH)
Dated : 06-02-2024
Shri Mohd. Shafiqullah - Advocate for appellant.
Shri Pramod Thakre - Govt. Advocate for the respondent/State.
Call for the trial Court record.
Heard on I.A. No.300/2024, an application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail to appellant, pending the
appeal.
Appellant has been convicted for commission of offence under Section
325/34 of IPC and has been sentenced to undergo R.I. for 03 years and fine
of Rs.3000/- with default stipulation vide judgment dated 18.1.2024 delivered
by 20th Additional Sessions Judge, District Bhopal, in S.T. No.530/2018
(State of M.P. Vs. Rashida @ Rabiya).
Learned counsel for the appellant has submitted that appellant has not
committed any offence. She has been erroneously convicted by the trial Court.
Learned counsel for the appellant has submitted that in the course of trial
appellant was on bail. She has not misused the liberty granted by way of bail
during trial. The appellant has fair chance to succeed in the appeal. It is further
submitted that a short sentence has been awarded by the trial Court and there is
no possibility of hearing of this appeal in near future. It is further submitted that
after conviction and passing of order of jail sentence, learned trial Court itself
has suspended the jail sentence of the appellant till 17.2.2024. Therefore, if the
execution of jail sentence of appellant is not suspended, the purpose of filing
this appeal would become futile. Therefore, it has been prayed that the
execution of jail sentence of appellant be suspended and she be released on
bail.
On the other hand, learned counsel for the respondent/State has opposed
the grant of bail to the appellant.
Having considered the short nature of sentence and the fact that there is
no possibility of hearing of this appeal in near future, I am inclined to suspend
the remaining jail sentence of the appellant.
Consequently, I.A. No.300/2024 is allowed. The execution of jail
sentence of appellant- Rashida @ Rabiya is hereby suspended subject to
depositing the fine amount, (if not already deposited). It is directed that the
appellant be released on bail on her furnishing a personal bond to a sum of
Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like
amount to the satisfaction of the trial court with a further direction to appear
before the trial Court on 7.5.2024 and also on such other dates, as may be
fixed by that Court in this regard during the pendency of this appeal.
List this case for arguments on admission after receipt of record.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
