Smt. Bhumanibai vs The State Of Madhya Pradesh
2021 Latest Caselaw 3448 MP

                                    1                             CRA-2019-2019
        The High Court Of Madhya Pradesh
                   CRA-2019-2019
           (SMT. BHUMANIBAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

5
Jabalpur, Dated : 19-07-2021
      Heard through Video Conferencing.
      Mr. K.B. Vishwakarma, learned counsel for the appellants.
      Mr. Puneet Shroti, Learned Panel Lawyer for the respondent/ State.

Heard on I.A.No.13431/2020, which is second application filed on behalf of the appellant Nos.1 & 2, namely, Smt.Bhumanibai & Ku.Laxmi

Vishwakarma seeking suspension of sentence and grant of bail. Vide judgment dated 18.1.2019 passed in Sessions Trial No.245/2016 by the Fourth Additional Sessions Judge, District Chhattarpur, the appellants have been convicted under Section 302 of the IPC and sentenced to undergo rigorous imprisonment for life and fine of Rs.3000/- in default of payment with stipulated default. Earlier application (I.A. No.4263/2019) has been dismissed on merits vide order dated 03.05.2019.

Learned counsel for the appellants submitted that the appellant No.1 is an old lady and suffering from various diseases in jail. Similarly, the appellant

No.2 is a girl of marriageable age. It is further contended that there is no direct and indirect evidence to implicate the appellants in crime in question. It is urged that as the deceased was burnt upto 100%, her dying declarations cannot be said to be trustworthy.

Learned Panel Lawyer has strongly opposed the prayer for suspension of sentence.

We have heard learned counsel for the parties at length. The first application filed by the appellants was dismissed by this Court on 03.05.2019 relying on the two dying declarations (Exhibits P-4 and P-8). So far as medical ground raised by the appellant No.1 is concerned, counsel for the appellants failed to specify the ailment by which the appellant No.1 is suffering. There is no change in circumstances.

2 CRA-2019-2019 Accordingly, I.A. NO.13431/2020 is dismissed.

              (SMT. ANJULI PALO)                     (AKHIL KUMAR SRIVASTAVA)
                    JUDGE                                          JUDGE


         ks
Digitally signed by
KOUSHLENDRA SHARAN
SHUKLA
Date: 2021.07.19 05:30:18
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