Madhya Pradesh High Court

Smt. Beni Bai vs The State Of Madhya Pradesh on 2 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 15322 of 2023
                                         (SMT. BENI BAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 02-05-2024
                                 Mr. Ayush Saxena - Advocate for the appellant.

                                 Mr. Dinesh Savita - Public Prosecutor for respondent/State.

Heard on the question of admission.

The appeal, being arguable, is admitted for final hearing. Heard on I.A. No. 1873 of 2024, which is first application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail filed by

the appellant No. 2-Mukesh Batham.

This Criminal Appeal assails the judgment dated 22.11.2023 passed by the First Additional Session Judge, Dabra, District Gwalior in ST No.29/2018, whereby appellant has been convicted and sentenced under Sections 304-B and 498-A of IPC to undergo rigorous imprisonment of 10 years with fine of Rs.3,000/- and 3 years respectively with default stipulations.

Learned counsel for the appellant argued that the appellant has wrongly been convicted by the trial Court ignoring the evidence on record. Learned trial Court has also erred to consider the omnibus allegations against the accused

person have been levelled, however, on the same set of evidence co-accused persons i.e. Jitu and Kamla Bai have been acquitted. He has already served incarceration around 3 years and 4 months out of total sentence of 10 years. Present appeal is likely to take long time to come up for final hearing. Under these circumstances, he prays for suspension of jail sentence of the appellant and grant of bail to him.

Learned Public Prosecutor for the respondent/State vehemently opposed

the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.1873 of 2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant No. 2-Mukesh Batham shall remain suspended and he be released on bail. He is further directed to mark his

appearance before the Office of this Court on 21.08.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List this case for final hearing in due course.

State counsel is directed to file reply to I.A. No. 1252 of 2024, an application under Section 389 of Cr.P.C. moved on behalf of appellant No.1- Smt. Binni Bai within two weeks.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)