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Leena Kanvajiya vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 5 September 2023 · Citation: (2023) 09 MP CK 0023

HON’BLE JUDGES
Achal Kumar Paliwal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 389(1) · Indian Penal Code, 1860 — Section 420, 467, 468, 471
CASE NUMBER
Criminal Appeal No. 11373 Of 2023
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Judgment

12 paragraphs · 341 words

Achal Kumar Paliwal, J

Heard on admission.

Admitted.

Record of the Court below be requisitioned.

Heard on I.A. No. 21445/2023 an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of   judgment dated 22.08.2023 delivered  in S.T. No.148/2017 by Ist Additional Sessions Judge, Tikamgarh.

T h e appellant has been convicted under Section 420 of IPC and sentenced to undergo R.I. for 2 years with fine of Rs.1000/- and Section 467 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs. 1,000/-, Section 468 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs. 1000/-and Section 471 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs. 1000/- with default stipulations.

Learned counsel for the appellant submitted that appellant has been released on bail till 21.09.2023 by the trial Court for filing the appeal. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended and she be released on bail.

The prayer is opposed by learned counsel for the State.

Considering the short period of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 21445/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant-Leena Kanvajiya is hereby suspended and it is directed that the appellant be released on bail on her furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial court Tikamgarh on 06.11.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the case for final hearing in due course.

C. c. as per rules.