Madhya Pradesh High Court
Smt. Meena Kushwha vs The State Of Madhya Pradesh on 7 December, 2021
Author: Vishal Mishra
1 CRA-5583-2021
The High Court Of Madhya Pradesh
CRA No. 5583 of 2021
(SMT. MEENA KUSHWHA Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 07-12-2021
Shri V.D. Sharma, counsel for the appellant.
Shri Pramod Pachouri, learned PP for the respondent/State.
None for the complainant.
Appeal appears to be arguable.
Admit.
Record has been received.
Heard on I.A.No.28530/2021, first application under Section 389 of
Cr.P.C for suspension of sentence and grant of bail on behalf of appellant-
Smt. Meena Kushwah, who stood convicted vide judgment dated 14.09.2021
under Sections 304 part II read with Section 114 and Section 452 of IPC and
sentenced to undergo RI for five years and two years with fine of Rs.6,000/-
and Rs.1,000/- respectively with default stipulation.
I t is alleged that the appellant is lady aged about 26 years has been
falsely implicated in the case. She has not committed any offence in any
manner. The conviction of the appellant is placed on the statement of Maya
(PW/6), who is key witness of prosecution. Although, there is averment with
respect to participation of appellant in commission of offence, but from the
statement of Maya, it is reflected that there is only an allegation of exhortation
against the present appellant. There is no overt-act attributed to the present
appellant regarding commission of offence. Other co-accused are already in
custody. There is no other so-called eye witness in the incident. She has
remained under custody for a period of nine days during trial and from the
date of judgment she is in custody. She has never misused the liberty granted
by this Court and is always ready to abide by terms and condition as
imposed by this Court while considering her application for grant of bail.
Learned counsel has drawn attention of this Court to para 33 of the judgment,
wherein the role of present appellant was considered by the learned trial
2 CRA-5583-2021
Court. Fine amount has already been deposited. Therefore, looking to this
Covid 19 Pandemic scenario, the jail sentence of the appellant is liable to be
suspended till final disposal of this appeal.
P e r contra, counsel for the state has vehemently opposed the
application stating that there is active participation of present appellant in
commission of offence. Only on the instigation of present appellant, the
incident was given effect by the other co-accused. He has also relied upon the
statement of Maya (PW/6) to point out that the appellant was the person who
has instigated the other co-accused to inflict injuries, which have resulted into
death of Dinesh. Looking to the custody period of appellant, he has prayed
for dismissal of the application.
Considering the overall facts and circumstances of the case that there is
no allegation of participation against the present appellant and also the fact
that appellant is lady aged 26 years, this court deems it appropriate to allow
this application.
Consequently, I.A.No.28530/2021 is allowed and jail sentence of the
appellant-Smt. Meena Kushwah is suspended. She is directed to be released
on bail subject to verification of the facts as stated by counsel for the
appellant herein in above and that the appellant has already deposited
the fine amount and on furnishing personal bond in the sum of
Rs.50,000/- (Fifty thousand only) with one solvent surety in the like amount
to the satisfaction of trial court for his appearance before Registry of this
court on 20.04.2022 and thereafter on all other dates as may be fixed by the
office.
List this appeal for final hearing in due course.
CC as per rules.
(VISHAL MISHRA)
JUDGE
neetu
NEETU
SHASHANK
2021.12.08
14:44:56
+05'30'
