A court may grant bail and suspend the remaining jail sentence of an appellant pending the hearing of their appeal if certain conditions are met, such as the appellant being a homemaker with minor children, having no criminal antecedents, and having deposited the fine amount.

BARIK

Signing time: 14-03-2024

10:44:52 PM

Signature Not Verified

Gudiya, who was already married and residing separately.

Learned Counsel also contends that impugned judgment passed by

learned Trial Court is based on assumption, conjectures and surmises. The

learned Trial Court has committed an error in convicting and sentencing the

present appellant without appreciating the prosecution evidence properly. There

are material contradictions and omissions in the evidence of witnesses.

Learned Counsel further contends that present appellant has already

undergone custody of almost six months. No criminal antecedent is reported

against her. She is homemaker. Her minor children are suffering great hardship

as all family members have been sentenced to imprisonment. Fine amount has

already been deposited by appellant. There is no likelihood of early hearing of

appeal in near future. On these grounds, learned Counsel prays that execution

of remaining jail sentence of appellant No.1 may be suspended and she may be

enlarged on bail.

Per contra, learned Counsel for respondent State opposes the

application and prays for its rejection.

Upon hearing learned Counsel for the parties, but without commenting

upon rival contentions touching merits of the case, regard being had to the fact

that appellant is homemaker lady under responsibility of three minor children,

this Court is of the view that application deserves to be allowed. It is,

accordingly directed that execution of remaining jail sentence of appellant

No.1 Gudiya alias Reema Sikarwar shall remain suspended during

pendency of this appeal and she shall be enlarged on bail subject to furnishing

personal bond in the sum of Rs.1,00,000/- (Rupees one lac only) with one

solvent surety in the like amount to the satisfaction of Trial Court for

compliance with following conditions:-

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Signed by: MAHENDRA

BARIK

Signing time: 14-03-2024

10:44:52 PM

Signature Not Verified

(1). The appellant shall deposit the amount of fine (if not deposited)

forthwith;

(2). The appellant shall appear before the Trial Court on 29.04.2024

and on such further dates as may be directed by the Trial Court;

(3). The appellant shall ensure hearing of the appeal on the date fixed

for such hearing and shall also ensure proper legal representation on her behalf,

on the date notified for hearing.

In case of breach of any of the aforementioned conditions, this order

granting suspension of sentence shall become ineffective.

The Trial Court shall be authorized to grant exemption from attendance

to the appellant on any date, on sufficient cause being shown [Chapter XIII

Rule 42 Sub-Rule 2 of the M.P. High Court Rules, 2008].

Where the appellant does not appear on the date of her appearance

before the Trial Court and no sufficient cause for non-appearance is shown, the

Trial Court shall be authorised to issue non-bailable/bailable warrants to secure

her attendance under intimation to the Registry of High Court. The Trial Court

shall also proceed under Section 446 of CrPC against such appellant and her

surety without any reference to this Court and without any impediment of the

order granting bail. [Chapter XIII Rule 42 Sub-Rule 3 of M.P. High Court

Rules, 2008].

On arrest/surrender in compliance with the warrant, the appellant shall be

forwarded in custody to undergo sentence of imprisonment under intimation to

the Registry of this Court.

Accordingly, IA No.21868 of 2023 stands allowed and disposed of.

List for final hearing in due course.

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Signed by: MAHENDRA

BARIK

Signing time: 14-03-2024

10:44:52 PM

Signature Not Verified

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Certified copy as per rules.

(SANJEEV S KALGAONKAR)

JUDGE

MKB

Signature Not Verified

Signed by: MAHENDRA

BARIK

Signing time: 14-03-2024

10:44:52 PM