Baijanti Bai vs The State Of Madhya Pradesh
2024 Latest Caselaw 16278 MP

Madhya Pradesh High Court

Baijanti Bai vs The State Of Madhya Pradesh on 30 May, 2024

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 2728 of 2018
                                               (BAIJANTI BAI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 30-05-2024
                                 Shri Vikesh Pratap Singh - Advocate for the appellant.

                                 Shri Pramod Kumar Thakre - Government Advocate for the State.


                                 IA. No.1319/2024, repeat third application u/S.389 Cr.P.C. for
                           suspension of sentence moved on behalf of appellant - Baijanti Bai is taken up
                           and considered along with objection of the State.

                                 First application has been dismissed on merits vide order dated
                           19.09.2018 and second application was dismissed as withdrawn with liberty to
                           revive the prayer after completion of ten years of actual sentence vide order
                           dated 10.01.2023.
                                 This criminal appeal assails the judgment dated 30.01.2018 passed in
                           S.T. No.193/2014 by Second Additional Sessions Judge, Narsinghpur (M.P.)
                           whereby appellant has been convicted u/S.450, 460, 397 and 302 of IPC and
                           sentenced to undergo RI for 10 years & fine Rs.1000/-, RI for 10 years & fine
                           Rs.1000/-, RI for 7 years & fine Rs.1000/- and Imprisonment for life & fine

                           Rs.5000/- for respective offences with default stipulations.
                                 Learned counsel for the appellant submitted that the appellant is a lady
                           aged 48 years and has completed 10 years incarceration. It is further submitted
                           that the appellant has a good case and hope to succeed in the appeal. Hence
                           prayed that the sentence of the appellant be suspended.
                                 Learned counsel for the State opposed the application and prayed for its
                           rejection by contending that on the basis of the allegations and the material
                           available on record, no case for suspension of sentence is made out.
Signature Not Verified
Signed by: ANAND KRISHNA
SEN
Signing time: 5/30/2024
4:08:58 PM
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                                    We have heard the arguments advanced by learned counsel for the parties
                           and perused the record.
                                    Considering the overall facts and circumstances of the case and the fact
                           that appellant is a woman aged 48 years and is in custody for the last more than
                           10 years as per custody report dated 02.05.2024 as also the fact that this is an
                           appeal of the year 2018 and hearing of this appeal is not possible in near future,
                           therefore, without expressing any opinion on merits of the case, we deem it
                           proper to suspend the remaining jail sentence of appellant. Accordingly, IA.
                           No.1319/2024 is allowed.
                                    Subject to depositing fine amount (if not already deposited), the

                           remaining jail sentence of appellant is hereby suspended and it is directed that
                           appellant be released on bail on furnishing personal bond in the sum of
                           Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each
                           Rs.25000/- (Rupees Twenty Five Thousand) to the satisfaction of the trial
                           Court with a further direction to the appellant to appear before the trial Court on
                           22/07/2024 and also on such other dates as may be fixed by the trial Court in
                           this regard during the pendency of this appeal.
                                    Certified copy as per rules.


                                     (SHEEL NAGU)                         (AMAR NATH (KESHARWANI))
                                 ACTING CHIEF JUSTICE                              JUDGE

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