Savitri Bai Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 3384 MP

                                   1                       CRA-1863/2021

             HIGH COURT OF MADHYA PRADESH
                             CRA-1863/2021
                (Savitri Bai Kushwaha Vs. State of M.P.)

Gwalior, Dated:16.07.2021
      Shri Anshu Gupta, learned counsel for the appellant.

      Shri      Nitin   Goyal,     learned     Panel   Lawyer,     for     the

respondent/State.

Appeal is admitted for final hearing.

Heard through Video Conferencing on I.A.No.15012/2021 under

Section 389 of Cr.P.C. filed by appellant-Savitri Bai for suspension of

sentence and grant of bail.

Vide judgment dated 29.01.2021 passed by learned 2nd

Additional Sessions Judge, Vidisha (M.P.) in S.T.No.113/2017, the

appellant has been convicted and sentenced as under:

      Section           Sentence        Fine           In        default
                                                       stipulation
      370(2)/34     of 10 years RI      Rs.5,000/-     5 months
      IPC

In brief, the prosecution story is that on 14.3.2017, husband of

the prosecutrix lodged report at Police station Civil Lines, Vidisha on

the ground that his wife is missing from last one and a half months.

She is missing along with her two daughters and one son. Previously

also the prosecutrix had gone to some unknown place without any

information. After efforts, he could not search the prosecutrix. On his

report Missing Person Report No. 31/2017 was registered and enquiry

was conducted. On 15.03.2017, the daughter of the prosecutrix was 2 CRA-1863/2021

traced out, on 19.03.2017 the prosecutrix along with her son was

traced out and on 20.03.2017, her another daughter was traced out and

all of them were handed over to her husband. During missing person

enquiry, it is found that co-accused Savitri Bai and Kailash Rawat had

sold her to another co-accused Jitendra for an amount of Rs.47,000/-.

The co-accused Jitendra committed rape with her for fifteen days. On

21.3.2021 a Crime bearing No. 156/2017 has been registered against

the appellant and co-accused persons. The statement of prosecutrix

and another witnesses were recorded and charge sheet has been filed.

After trial co-accused Munshi Nai was acquitted and appellant-Savitri

Bai, Kailash Rawat and Kalli @Neeraj Nai were convicted and

sentenced for ten years RI with fine of Rs.5,000/- and 3000/-

respectively. During trial Savitri Bai was in custody from 22.3.2017,

Kailash Rawat was in custody from 1.7.2017 and Kalli @ Neeraj Nai

was in custody from 17.09.2017.

Heard learned counsel for the parties at length through Video

Conferencing.

In view of the aforesaid and considering the facts and

circumstances of the present case, without commenting upon the

merits of the case, it would be appropriate to accept the application of

the appellant.

Consequently, I.A.No.15012/2021 is hereby allowed.

If the appellant furnishes a bail bond and deposits the fine

amount in the sum of Rs.25,000/- (Rupees twenty five thousand 3 CRA-1863/2021

Only) along with one surety bond of the like amount to the satisfaction

of the trial Court and undertakes that he will appear before the

Registry of this Court on 27.09.2021 and on subsequent dates given by

the office for his appearance till the disposal of the present appeal, then

the appellant shall be released on bail and execution of jail sentence is

suspended till the disposal of this appeal.

E-copy of this order be provided to the appellant's counsel and

the same be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.

                                                        (Deepak Kumar Agarwal)
vv                                                        Judge

     SMT VALSALA
     VASUDEVAN
     2021.07.19
     11:20:16
     +05'30'