Imarati Bai @ Jahida Bi vs The State Of Madhya Pradesh
2024 Latest Caselaw 4681 MP

Madhya Pradesh High Court

Imarati Bai @ Jahida Bi vs The State Of Madhya Pradesh on 17 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                                1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                         CRA No. 146 of 2017
                                     (IMARATI BAI @ JAHIDA BI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-02-2024
                                   Ms. Archana Tiwari - Advocate for the appellant.

                                   Shri S.K. Kashyap - Government Advocate for the respondent-State of

M.P.

Heard on I.A.No.26553 of 2023 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.2 -

Chhutiya @ Chhoti @ Shabana arising out of judgment dated 21.10.2016 delivered in S.T No.90/2014 passed by Special Sessions Judge, Seoni District Seoni.

The appellant has been convicted under Section 363/34 of IPC (2 counts) and sentenced to undergo R.I for 5 years (2 counts) with fine of Rs.1,000/- (2 counts), under Section 370(1) r/w 370 (5) of IPC (2 counts) and sentenced to undergo R.I for 14 years (2 counts) with fine of Rs.1,000/- (2 counts) and under Section 372/34 of IPC (2 counts) and sentenced to undergo R.I for 7 years (2 counts) with fine of Rs.1,000/- (2 counts), with default

stipulations.

Learned counsel for the appellant submits that the present appellant No.2 has been awarded sentence of 14 years and she has already undergone 9 years and 5 months of actual jail sentence. The act of sexual assault did not attribute to the present appellant and she has been roped in only on the basis of her alleged role in the conspiracy. The appeal is of the year 2017 and there is no possibility of early hearing of this appeal in near future. Thus, remaining jail sentence of the present appellant may be suspended.

The prayer is opposed by learned Government Counsel on the basis of objection Considering the aforesaid factual backdrop and custody period of the appellant No.2 and without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant No.2.

Accordingly, I.A. No. 26553 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant No.2 - Chhutiya @ Chhoti @ Shabana be released on bail

on her furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty 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 Registry of this Court o n 23.04.2024 and also on such other dates as may be fixed by the Registry in this regard during the pendency of this appeal.

Certified copy as per Rules.

                             (SUJOY PAUL)                                                 (VIVEK JAIN)
                                JUDGE                                                        JUDGE

                          Prar