RASHIDA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A. No.300/2024, an application under Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant, pending the appeal.

(2.) Appellant has been convicted for commission of offence under Sec. 325/34 of IPC and has been sentenced to undergo R.I. for 03 years and fine of Rs.3000.00 with default stipulation vide judgment dtd. 18/1/2024 delivered by 20th Additional Sessions Judge, District Bhopal, in S.T. No.530/2018 (State of M.P. Vs. Rashida @ Rabiya).

(3.) Learned counsel for the appellant has submitted that appellant has not committed any offence. She has been erroneously convicted by the trial Court. Learned counsel for the appellant has submitted that in the course of trial appellant was on bail. She has not misused the liberty granted by way of bail during trial. The appellant has fair chance to succeed in the appeal. It is further submitted that a short sentence has been awarded by the trial Court and there is no possibility of hearing of this appeal in near future. It is further submitted that after conviction and passing of order of jail sentence, learned trial Court itself has suspended the jail sentence of the appellant till 17/2/2024. Therefore, if the execution of jail sentence of appellant is not suspended, the purpose of filing this appeal would become futile. Therefore, it has been prayed that the execution of jail sentence of appellant be suspended and she be released on bail.