Sheetal vs The State Of Madhya Pradesh
2024 Latest Caselaw 16411 MP

Madhya Pradesh High Court

Sheetal vs The State Of Madhya Pradesh on 31 May, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                             1
                             HIGH COURT OF MADHYA PRADESH AT INDORE
                                     CRIMINAL APPEAL NO.9777 OF 2023
                                        (Sheetal vs The State of Madhya Pradesh)


                         Indore, Dated 31.05.2024
                               Mr. Nilesh Dave, counsel for the appellant.
                               Mr.    Gaurav        Singh    Chauhan,           counsel     for   the
                         respondent/State.

_____________________________________________________ Heard on IA No.8400 of 2024 which is first application under Section 389 (1) of Criminal Procedure Code, 1973, filed on behalf of appellant - Sheetal S/o Suresh Chandra who has been convicted by Fifth Additional Sessions Judge, Mandsaur (MP) in Session Trial No.192/2015 vide judgment dated 22.06.2023 and has been sentenced him as under:-

                                       Conviction                             Sentence
                              Section & Act   Imprisonment        Fine          Imprisonment in
                                                                 Amount           lieu of fine
                                 302 IPC          Life           Rs.25000/-       02 years RI
                                              Imprisonment
                                 201 IPC       07 years RI   Rs.10,000/-           01 year RI

Counsel for the appellant submits that appellant is innocent and has been falsely implicated in the aforesaid offence. There are so many contradictions and omissions in the statements of witnesses. He also submits that Mahesh (PW/7) who is the sole

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.9777 OF 2023 (Sheetal vs The State of Madhya Pradesh)

eye witness has been declared hostile and has not supported the prosecution story. He submits that the final disposal of appeal is likely to take sufficient long time. Hence prays for suspension of sentence and grant of bail to the appellant.

Per contra, counsel for the respondent/State has opposed the application and prays for its rejection.

Having considered the facts and circumstances of the case and considering the evidence of Mahesh (PW/7), we are of the considered opinion that it is a fit case for grant of suspension to the appellant. Accordingly, application IA No.8400 of 2024 is allowed.

It is directed that substantive jail sentence of appellant - Sheetal S/o Sureshchandra shall be suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of like amount to the satisfaction of concerned trial Court for his appearance on 05.08.2024 and on all other subsequent dates as may be fixed by the Court concerned in this behalf.

Accordingly, application IA No.8400 of 2024 stands

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.9777 OF 2023 (Sheetal vs The State of Madhya Pradesh)

disposed of.

Certified copy, as per Rules.

                                      (S.A. DHARMADHIKARI)                                  (HIRDESH)
                                           JUDGE                                            JUDGE

                         Arun/-