Madhya Pradesh High Court
Smt. Pooja Yadav vs The State Of Madhya Pradesh on 19 January, 2015
Criminal Appeal No.2845/2014
19.01.2015:
Shri Mukesh Choudhary, Advocate for the appellant.
Heard on the question of admission.
Appeal seems to be arguable, hence, admitted for final
hearing.
Ms. Hemlata Kshatriya, Panel Lawyer accepts notice
on behalf of the respondentState, hence, no notice is
required.
Record of the trial Court is received. Also heard on I.A. No.19783/2014, an application for suspension of remaining jail sentence and grant of bail to appellant.
The appellant has been convicted under Section 363 of IPC and sentenced to undergo rigorous imprisonment for seven years and fine of Rs.1,000/, with default stipulation.
Learned counsel for the appellant submits that the appellant has been falsely implicated in the matter. It is further submitted by the learned counsel for the appellant that she was on anticipatory bail during trial and has never misused the liberty granted to her. The fine amount has already been deposited. He further submits that there is no likelihood of coming up of this appeal for final hearing in near future.
Learned Panel Lawyer for the State vehemently opposed the prayer for bail.
On due consideration of the facts and circumstances of the case and the nature of allegation, this application is allowed. Execution of jail sentence of the appellant Smt. Pooja Yadav is suspended. She is directed to be enlarged on bail on furnishing a personal bond in the sum of Rs.25,000/ (Rupees Twenty Five Thousand Only) with a surety bond in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 4th August, 2015 and on such other dates as may be fixed by the Registry of this Court in this regard.
It is made clear that the sentence of fine is not suspended.
List this case for final hearing in due course. C.C. as per rules.
(Subhash Kakade) Judge taj.