Smt. Laxmi Bai vs State Of Chhattisgarh
2025 Latest Caselaw 2348 Chatt

Chattisgarh High Court

Smt. Laxmi Bai vs State Of Chhattisgarh on 7 March, 2025

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                                                                                              NAFR

                              HIGH COURT OF CHHATTISGARH AT BILASPUR


                                              CRA No. 2092 of 2023

                   Smt. Laxmi Bai W/o. Shri Ajak Say, Aged About 40 Years R/o. Village -
                   Lodhichuan, Thana - Dharamjaigarh, District - Raigarh, Chhattisgarh.
                                                                                         ... Appellant
                                                       versus
                   State of Chhattisgarh, Through The District Magistrate Raigarh, District -
                   Raigarh, Chhattisgarh.

                                                                                      ---- Respondent

(Cause title taken from Case Information System) Order Sheet

07/03/2025 Mr. Sumit Shrivastava, Advocate for the appellant.

Mr. Sakib Ahmed, Panel Lawyer for the State.

By the impugned judgment of conviction and

sentence dated 07.10.2023, passed in Sessions Trial No.

62 of 2019, by learned Additional Sessions Judge

Gharghoda, District Raigarh (C.G.), the appellant has been

convicted and sentenced as under:

           Conviction                      Sentence
U/s. 302 of IPC                   Imprisonment for life and fine of
                                  Rs. 500/- in default of payment
                                  of fine further R.I. for one
                                  month.

(Fine amount has been deposited on 07.10.2023)

Heard on I.A. No. 1 of 2023, which is an application

under Section 389 of CRPC for suspension of sentence

and grant of bail.

Learned counsel for the appellant would submit that

the deceased was sister-in-law of the appellant and she is

said to have assaulted the deceased by the back side of

axe, by which she suffered fatal injuries on her head, on

account of which she succumbed to her injuries. He further

submits that the husband of the deceased has seen the

appellant coming out after commission of the offence. He

submits that the appellant is a lady and is in jail for the last

more than 5 years and final adjudication of the case will

take its own time. Therefore, the appellant may be enlarged

on bail.

On the other hand, learned counsel for the State

opposes and submits that there was a dispute between the

appellant and the deceased, due to which a quarrel took

place between them, resulting of which the appellant has

assaulted from the head of the deceased by hard and blunt

object and due to the grievous injuries on the head of the

deceased, she died. Looking to the gravity of offence, the

appellant is not entitled for grant of bail.

We have heard learned counsel for the parties and

perused the record.

Considering the submissions made by the learned

counsel for the parties, considering the evidence available

on record and the nature of the allegation leveled against

the appellant. Further, the appeal will take its own time for

final adjudication and that the appellant is a lady and is in

jail for last more than 5 years, we are inclined to release

the appellant on bail.

Accordingly, the substantive jail sentence imposed

upon the appellant- Smt. Laxmi Bai by the learned trial

Court is hereby suspended. She shall be released on bail

on her executing personal bond of Rs. 25,000/- with one

surety of the like sum to the satisfaction of the concerned

trial Court for her appearance before the Registry of this

Court on 15.04.2025. She shall thereafter, appear before

the concerned trial Court on a date to be given by the

Registry of this Court and shall continue to appear there on

all such subsequent dates as are given to her by the said

Court, interval being not less than 6 months, till final

disposal of this appeal.

Consequently, I.A. No. 1 of 2023 filed by appellant is

allowed.

It is made clear that the observations made

hereinabove are only confined for disposal of aforesaid I.A.

filed in this appeal and it shall not be construed as an

expression of opinion of this Court on the merits of the

matter.

List this matter for final hearing in due course.

                 Sd/-                                 Sd/-
       (Ravindra Kumar Agrawal)                  (Ramesh Sinha)
                Judge                              Chief Justice




ved