Smt Vimla Devi vs The State Of Madhya Pradesh
2024 Latest Caselaw 13678 MP

Madhya Pradesh High Court

Smt Vimla Devi vs The State Of Madhya Pradesh on 10 May, 2024

                                      1
               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                              CRA No. 5589 of 2024
                     (SMT VIMLA DEVI Vs THE STATE OF MADHYA PRADESH)

Dated : 10-05-2024
       Shri Bhanu Pratap Singh - Advocate for the appellant.

       Shri Ramadhar Choubey - Public Prosecutor for the respondent/State.

Heard on I.A. No. 9113 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- Smt. Vimla Devi.

2. This Criminal Appeal assails the judgment dated 27.04.2024 passed by VIth Additional Sessions Judge, Morena, District Morena, whereby appellant has been convicted under Section 420 of IPC and sentenced to undergo rigorous imprisonment of 02 years with fine of Rs.2000/- with default stipulation.

3 . Learned counsel for the appellant while taking exception to the impugned judgment of conviction and order of sentence submits that the Sessions Court has not appreciated the evidence placed on record in correct perspective. The judgment suffers from surmises and conjectures. The

appellant has falsely been implicated in the instant case. It is further submitted that the appellant is already suspended on bail till 27.05.2024. Final hearing of this appeal is not possible in near future. On these grounds, it has been prayed that the appellant may be extended the benefit of suspension of sentence and grant of bail.

4. Per contra, learned Public Prosecutor, appearing on behalf of the respondent/State, while supporting the judgment impugned submits that no exception can be taken in the matter of suspension of sentence and grant of

bail, regard being had to the nature and the gravity of offence found proved against the present appellant.

5. Upon hearing learned counsel for the parties, though this Court refrains from commenting upon rival contentions so advanced touching merits of the case, regard being had to the obtaining facts and circumstances of the case and the appeal which is of the year 2024 is not likely to be decided in the near future, this Court is of the view that appellant is entitled to the benefit of suspension of sentence and grant of bail.

6. Accordingly, IA No.9113 of 2024 stands allowed and it is directed that the jail sentence of appellant Smt. Vimla Devi shall remain suspended during

pendency of the present appeal and she shall be released on bail subject to verification of the factum of depositing the fine amount and on her furnishing a personal bond in the sum of Rs.70,000/- (Rupees Seventy Thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court.

7. Appellant is directed to appear before the Registry of this Court first on 23.09.2024 and on other subsequent dates as may be fixed in this behalf.

8. Accordingly, the IA stands allowed and disposed of.

9. Let record of the trial Court be called for.

10. Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the appeal.

Certified copy as per rules.

(RAJENDRA KUMAR VANI) JUDGE

Monika MONIKA SHARMA 2024.05.10 17:04:34 +05'30'