Ashok Kumar Singh And Others vs State Of Madhya Pradesh

Heard on I.A. No. 6431/2020, which is third application for suspension of sentence and grant of bail filed on behalf of appellant No. 2 Sunita Bai

Rajput.

Appellant No. 2 has been convicted by the trial Court for the offence punishable under Sections 120(B) read with Section 302 (on two counts),

Section 120(B) read with Section 449 of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs.1000/- (on two counts) and

R.I. for 7 years with fine of Rs. 500/-, respectively with default stipulations.

Learned counsel for the appellants submits that it is a case of circumstantial evidence. Trial Court on the basis of seizure of a mobile phone and a sim

from the present appellant, concluded that appellant No. 2 along with co-appellants hatched criminal conspiracy, as a consequence thereof appellant

No.3 committed murder of deceased persons. There is no cogent evidence available on record against appellant No. 2. She is a lady. She is in custody

since 8.3.2014 for more than six years. The trial would take considerable time due to outbreak of Covid-19 pandemic, therefore, jail sentence of

appellant No. 2 may be suspended and she may be released on bail.

Learned Panel Lawyer has opposed the prayer for suspension of sentence.

After perusal of the record and judgment of the trial Court, considering that appellant No. 2 is a lady and period of her custody, we deem it appropriate

to suspend the substantive jail sentence of appellant No. 2 and to release her on bail. Accordingly, without expressing any opinion on the merit of the

case, I.A. No. 6431/2020 is allowed.

It is directed that if appellant No.2 Sunita Bai Rajput furnishes a bail bond in a sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent

surety in the like amount to the satisfaction of the trial Court, her substantive jail sentence shall remain suspended and she shall be released on bail for

securing her appearance before the trial Court concerned on 22.12.2020 and on all subsequent dates as may be fixed in this regard by the said Court.

List for final hearing in due course.

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