Madhya Pradesh High Court
Radheshyam @ Milesh vs State Of M.P. on 3 June, 2021
Author: Chief Justice
HIGH COURT OF MADHYA PRADESH
Cr.A.No.6448/2020
(Radheshyam and another Vs. State of M.P.)
Indore : Dated 3.6.2021
Heard through video conferencing.
Shri Pawan Joshi, learned counsel for the appellant No.2 -
Jashoda Bai.
Ms. Archana Kher, learned Dy.Advocate General for the
respondent/State.
Heard on I.A.No.8896/2020.
This is first application filed under Section 389 of Cr.P.C.for
suspension of sentence and grant of bail moved on behalf of
appellant No.2 - Jashoda Bai.
The appellant No.2 Jashoda Bai has been convicted for the
offence punishable under Section 302/34 of IPC and sentenced to
undergo Imprisonment for Life with fine of Rs.5,000/- and in default
of fine to undergo additional RI for three months.
Learned counsel for the appellant submits that all the eye
witnesses stated that all the fatal injuries have been caused by co-
accused Radheshyam and there are contradictions in the statements of
the witnesses. Reference is made to the statement of PW-1 Dilip, the
role assigned to the appellant No.2 Jashoda Bai (who was hardly 20
years of age at the time of incident) in his statement is that she had
inflicted injury by Lathi. Reference is also made to the statement of
PW-2 Badrilal, who has stated that all the accused pelted stones on the
person of deceased as a result of which deceased fell on the ground.
PW-8 Nathibai has stated that Jashoda Bai had given beating to
HIGH COURT OF MADHYA PRADESH
Cr.A.No.6448/2020
(Radheshyam and another Vs. State of M.P.)
deceased. Reference is also made to the statement of PW-14
Dr.R.S.Jat, who had conducted the postmortem Ex.P/21 showing eight
injuries. According to him all injuries were caused by sharp weapon.
It is contended that it is a case of false implication of a young
woman. The appellant No.2 Jashoda Bai was on bail pending trial.
She has served sentence for one and half year after the impugned
judgment of conviction passed on 5.11.2020. The hearing of this
appeal would likely to take time. Therefore, the remaining jail
sentence of the appellant No.2 Jashoda Bai may be suspended.
The application is opposed by learned Deputy Advocate
General appearing for the respondent/State.
Having considered the contentions of the learned counsel for
the parties, the material on record and the facts and circumstances of
the case and that the hearing of the appeal is likely to take time,
without expressing any opinion on merits of the case and in the
totality of the circumstances of the case, we are persuaded to allow
I.A.No.8896/2020 and suspend the sentence awarded to the appellant
No.2 Jashoda Bai.
Accordingly, I.A.No.8896/2020 is allowed. It is directed that
the remaining part of the jail sentence imposed upon the appellant
No.2 Jashoda Bai shall remain suspended and she shall be enlarged on
bail upon her furnishing a personal bond for a sum of Rs.50,000/-
(Rs.Fifty Thousand only) with two sureties of Rs.25,000/-
(Rs.Twenty Five Thousand only) each to the satisfaction of the trial
HIGH COURT OF MADHYA PRADESH
Cr.A.No.6448/2020
(Radheshyam and another Vs. State of M.P.)
Court.
The Jail authorities shall have the appellant No.2 Jashoda Bai
checked by the jail doctor to ensure that she is not suffering from the
Coronavirus (COVID-19) and if she is, she shall be sent to the nearest
hospital designated by the State for treatment. If not, she shall be
transported to her place of residence by the jail authorities.
Certified copy as per rules.
Patil (MOHAMMAD RAFIQ) (SUJOY PAUL)
CHIEF JUSTICE JUDGE
Digitally signed by
SHAILESH PATIL
Date: 2021.06.03
17:00:23 +05'30'
