Madhya Pradesh High Court
Balibai @ Balubai vs The State Of Madhya Pradesh on 21 November, 2022
Author: Satyendra Kumar Singh
Bench: Satyendra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 10317 of 2022
(BALIBAI @ BALUBAI Vs THE STATE OF MADHYA PRADESH)
Dated : 21-11-2022
Shri Manish Yadav, learned counsel for the appellant.
Shri Rajesh Joshi, learned Govt. Advocate for the respondent No.1
/State.
Heard on IA No.14619/2022, which is an application filed under Section 389(1) of Cr.P.C.,1973 for suspension of jail sentence and grant of bail to appellant - Balibai @ Balubai.
Learned Trial Court has convicted the appellant under Sections 363 of IPC and sentenced him to undergo 03 years RI with fine of Rs.1,000/- with default stipulations vide judgement of conviction and order of sentence dated 28.10.2022 passed by the Court of Special Judge (POCOS Act), Bagli, District Dewas in S.T. No.243/2016.
Learned counsel for appellant submits that appellant is innocent and has been falsely implicated in the matter. Appellant's jail sentence has already been suspended by the Trial Court till 27.11.2022. Appellant was enlarged on bail during trial and he has not misused the liberty granted to him. Learned Trial Court has not properly appreciated the evidence placed on record and there is no likelihood of hearing of appeal in near future. Hence, prays that application for suspension of sentence be allowed.
Learned Govt. Advocate for the respondent/State, on the other hand has opposed the application and prays for its rejection.
Looking to the short term of sentence and considering other facts and circumstances of the case, this Court is of the considered view that it is a fit Signature Not Verified Signed by: VIBHA PACHORI Signing time: 11/22/2022 10:40:21 AM 2 case for suspension of jail sentence and grant of bail to the appellant. Hence, without expressing any opinion on merits of the case, I.A.No.14619/2022 is allowed and jail sentence of the appellant shall remain suspended.
I t is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing a personal bond in the sum o f Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 04.01.2023 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.
Let record of the Trial Court be requisitioned.
List for admission after receipt of record.
Certified copy, as per Rules.
(SATYENDRA KUMAR SINGH) JUDGE Vibha Signature Not Verified Signed by: VIBHA PACHORI Signing time: 11/22/2022 10:40:21 AM