Madhya Pradesh High Court
Kamla Bai vs State Of M.P. on 16 July, 2021
Author: Anil Verma
Bench: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Cr.A. No.706/2021
(Kamla Bai Vs. State of M.P.)
-1-
Indore, dated 16/07/2021
Heard through Video Conferencing.
Shri Akhilesh Saxena, learned counsel for the appellant No.1-
Kala Bai.
Shri Jayesh Vyas, learned counsel for the respondent/State.
Heard on I.A. No.8132/2021, which is an application for suspension of custodial sentence filed by the appellant No.1- Kala Bai.
The appellant has been convicted and sentenced as under:
Conviction u/s Imprisonment Fine, if any Imprisonment in lieu of fine 307/34 of IPC 10 years R.I Rs.2,000/- 2 years R.I. 323 of IPC 3 months RI Rs.200/- 7 days imprisonment As per prosecution story, it is alleged against the appellant No.1-
Kalabai that she had thrown stones, which resulted in causing simple injury to the deceased but she did not use any deadly weapon at the time of incident.
Learned counsel for the appellant submits that the appellant No.1- Kalabai was on bail during trial and she is 64 years old lady and is suffering from various diseases. She is in custody since 25.02.2020. The appeal is likely to take considerable time for its final hearing He, therefore, prayed that her custodial sentence be suspended and she be released on bail.
On the other hand, the learned counsel for the respondent/State opposes the application and prays for its rejection.
After considering the submissions made by the learned counsel HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Cr.A. No.706/2021 (Kamla Bai Vs. State of M.P.) -2- for the parties and looking to the fact that the appellant is in jail since 25.02.2020 and during trial she was released on bail and she did not misuse the liberty granted to her and as per statements of eye witnesses- Ashok PW1, Shobhachand PW2, Rameshwar PW3, Rajaram PW4, Mahesh PW5; at the time of incident, the appellant No.1 - Kalabai had thrown only one stone, due to which the deceased received only simple injury. This appeal is recently filed and there is no likelihood of final hearing of this appeal in near future, I find it is to be a fit case to suspend the custodial sentence of appellant No.2- Kala Bai.
Accordingly, I.A. No.8132/2021 is allowed and it is directed that subject to deposit of fine amount, if already not deposited, with the trial Court and on furnishing personal bond by the appellant in the sum of Rs.1,00,000/- ( Rs. One Lac Only) with one solvent surety in the like amount to the satisfaction of learned trial Court for her appearance before the Registry of this Court, the execution of custodial part of the sentence of appellant No.2- Kala Bai shall remain suspended till final disposal of this appeal.
The appellant after being enlarged on bail shall mark her presence before the Registry of this Court on 11/01/2022 and on all such subsequent dates, which are fixed in this behalf.
List for final hearing in due course (Anil Verma) Judge N.R. Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.07.16 19:04:30 +05'30'