Madhya Pradesh High Court Smt. Laxmi Bai vs The State Of Madhya Pradesh

 
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Madhya Pradesh :

Criminal Appeal No. 1064/2015

01.09.2015

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Shri Ashish Tiwari, Advocate for appellant. Ms. Hemlata Kshatriya, PL for the State. Heard on IA No. 8697/15, an application for taking documents on record.

The documents are related with the medical treatment of appellant Smt. Laxmi Namdo. IA 8697/15 is allowed. The documents are taken on record.

Also heard on I.A. No. 7833/15, which is an application under section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant.

The appellant has been convicted by the trial Court under Sections 304-B, 498-A of IPC and Section 4 of Dowry Prohibition Act, and sentenced to R.I. for seven years, R.I.for two years and fine of Rs.1,000/-, and R.I. for six months and fine of Rs.1,000/- respectively with default stipulations.

Learned counsel for the appellant submits that appellant has been falsely implicated. He further submits that there are contradictions and omissions in the statements of prosecution witnesses.He also pointed out that appellant is a 60 years old lady who has already served out more than two years and six months jail sentence against the awarded sentence of seven years because she is under custody since her initial date of arrest i.e. 07.01.13. The appeal would take considerable time to dispose of finally, hence jail sentence of appellant be suspended and she be released on bail.

Learned counsel for the State has vehemently opposed the application.

Considering the facts and circumstances of the case and the...

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