Rubina And Others vs State Of Madhya Pradesh

Gajendra Singh, J

Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on I.A.No.2331/2026 which is first application under Section 430 of BNSS, 2023 for grant of bail and suspension of remaining jail sentence on behalf of the appellants namely Rubina and Irfan respectively.

Appellants have been convicted under sections 306/34 of IPC and sentenced to undergo R.I. for 4 years with fine of Rs.20,000/- with default stipulation vide judgment dated 06.02.2026 in ST No.59/2024 passed by the 3rd Additional Sessions Judge, Dewas (M.P.).

Learned counsel for the appellant has submitted that the appellants are innocent and they have falsely been implicated in the present case. There is no possibility of hearing of the appeal in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application for suspension of sentence.

Considering the Exhibit-P/9 which is dying declaration and final hearing of the appeal will take sufficient long time for its disposal, without allowed and it is directed that subject to depositing the fine amount, if already not deposited, the appellants- Rubina and Irfan shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only)each with a solvent surety each in the like amount to the satisfaction of Trial Court, for their appearance before the Registry of this Court firstly on 18.08.2026 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List for final hearing in due course.