Madhya Pradesh High Court
Gulabpati @ Dilwa vs The State Of Madhya Pradesh on 27 September, 2019
1 CRR-4744-2019
The High Court Of Madhya Pradesh
CRR-4744-2019
(GULABPATI @ DILWA Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 27-09-2019
Shri B.K. Vaishya, learned counsel for the applicant.
Shri Pradeep Dwivedi, learned P.L. for the respondent/State.
Heard on I.A.No.18128/2019 an application for suspension of sentence and grant of bail to the applicant.
T he revision has been preferred by the applicant against judgment dated 20.09.2019 passed by the learned II Additional Sessions Judge, Singrauli District-Singrauli in Criminal Appeal No.1500063/2014 whereby the learned Appellate Court has partly allowed the appeal and modified the judgment and conviction order dated 18.02.2014 passed in Criminal Case No.1100/2010 passed by Presiding Judge, JMFC Singrauli Headquarter Waidhan, District-Singrauli.
Applicant stands convicted for an offence punishable under Section 325 of the IPC and has been sentenced to undergo RI for 03 months with fine of Rs.1000/- with default stipulation.
Learned counsel for the applicant submits that the applicant is in jail since 20.09.2019 and applicant was on bail during trial. There is no criminal antecedent against the present applicant. There is no probability of her absconding. There is a possibility to get benefit under provisions of Offenders Act. He also submits that there are many contradictions, omissions and improvements in the version of the prosecution witnesses. He further submits that there are fair chance to succeed in the case. The final hearing of this revision will take time. If the applicant is not released on bail, purpose of filing this application will be futile. Therefore, the application filed on behalf of the applicant may be allowed and the period of her remaining jail sentence may be suspended and she may be released on bail.
Learned P.L. for the respondent/State opposes the said application.
2 CRR-4744-2019 After having heard rival submissions at length, looking to the facts and circumstances of the case, short sentence of the present applicant, there is no probability of his absconding, there is no criminal antecedent against the present applicant, but without expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the applicant and grant bail to her. Consequently, I.A. No.18128/2019 is allowed subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the applicant shall remain suspended during the pendency of this revision.
Applicant Gulabpati @ Dilwa be released from custody subject to her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned trial Court. The applicant shall appear and mark her presence before the trial Court on 10.12.2019 and shall continue to do so on all such future dates as may be given in this behalf, during pendency of the matter.
Record of the Courts below be called for.
List the matter immediately after receipt of the record. C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE sp Digitally signed by SAVITRI PATEL Date: 2019.09.30 17:56:08 +05'30'