Saubhagchand vs State Of M.P.
2021 Latest Caselaw 2682 MP

                                  1
                                                                       CRA No.761/2021

              High Court of Madhya Pradesh, Jabalpur
                          Bench at Indore
             Criminal Appeal No.761/2021
Indore, Dated 24.06.2021
       Hearing through Video Conferencing.

       Mr. Akshat Pahadia, learned counsel for appellant No.8 Smt.

Anitabai Gawali w/o Brijesh Gawali and none for the appellant No.5

Godawaribai Gawali w/o Sobhagchand Gawali, appellant No.6

Ramubai Gawali w/o late Anokchand Gawali, appellant No.7 Smt.

Anitabai Gawali w/o Rameshwar Gawali.

       Mr. Ram Shastri, learned Panel Lawyer for the respondent /

State of Madhya Pradesh.

Heard on IA No.1237/2021, first application under Section

389 (1) of the Code of Criminal Procedure, 1973 for suspension of

jail sentence and grant of bail filed on behalf of appellant No.5

Godawaribai Gawali w/o Sobhagchand Gawali, appellant No.6

Ramubai Gawali w/o late Anokchand Gawali, appellant No.7 Smt.

Anitabai Gawali w/o Rameshwar Gawali and appellant No.8 Smt.

Anitabai Gawali w/o Brijesh Gawali.

The present appellants have been convicted and sentenced by

learned Special Judge (under SC St Act) West Nimar Mandleshwar,

District West Nimar (MP) in Special Sessions Trial No.30/2011 vide

judgment dated 20.01.2021, as under: -

              Conviction                   Sentence
    Section            Act   RI       Fine amount     Imprisonment in lieu of fine

                                                                      CRA No.761/2021
   147       IPC            1 years        Rs.200/-     3 months RI
   148       IPC            2 years        Rs.500/-     6 months RI
   307     (4 IPC           10 years       Rs.2,000/-   2 years RI
   counts)

Counsel for the appellant no.8 has submitted that the identity

of the appellant No.8 Smt. Anitabai Gawali w/o Brijesh Gawali on

the spot is highly doubted, as two persons by the name of two

women 'Anitabai' have been arrayed as accused,viz., appellant No.7

Smt. Anitabai w/o Rameshwar Gawali and the present appellant

No.8 Anitabai w/o Brijesh Gawali.

Counsel for the appellant (s) has submitted that in the FIR, the

name of 'Anitabai' is mentioned as "Anitabai d/o Sobhagchand

Gawali". Thus, it is submitted that not only the identity of the

appellant (Anitabai w/o Brijesh Gawali) is in doubt, but even

otherwise, the only allegation against the present appellant is that she

was also present on the spot carrying a stick in her hand and no overt

act is attributed to her. Thus, it is submitted that appellant No.8

being a woman aged around 35 years be released on bail and her

application for suspension be allowed.

Counsel for the respondent / State, on the other hand, has

opposed the prayer.

Having considered the rival submissions and on perusal of the

record as also the impugned judgment, this court finds that all the

present appellants in IA No.1237/2021 are women and in the

eyewitness account of all the eyewitnesses before the trial court, the

CRA No.761/2021

allegation against them is that they were also present on the spot with

sticks on their hands and only omnibus allegations have been leveled

against them , in such facts and circumstances of the case, it would

be expedient to allow the present application for grant of suspension

of jail sentence of the appellant no.8 as also even of those appellants

nos.5 to 7 who are not represented today.

Accordingly, without expressing any opinion the on merits of

the case, IA No.1237/2021 is allowed and it is directed that upon

depositing fine amount, and on furnishing a personal bond by the

appellants viz., appellant No.5 Godawaribai Gawali w/o

Sobhagchand Gawali, appellant No.6 Ramubai Gawali w/o late

Anokchand Gawali, appellant No.7 Smt. Anitabai Gawali w/o

Rameshwar Gawali and appellant No.8 Smt. Anitabai Gawali w/o

Brijesh Gawali in the sum of Rs.25,000/- (Rupees twenty five

thousand only) with a solvent surety in the like amount to the

satisfaction of the learned trial Court, for their regular appearance

before concerned trial Court, the execution of the custodial part of

the sentence imposed against the appellant (s) shall remain

suspended, till the final disposal of this appeal.

The appellant (s), after being enlarged on bail, shall mark

their presence before the concerned trial Court on 20.04.2022 and

on all such subsequent dates, as may be fixed by the concerned Court

in this regard.

CRA No.761/2021

It is also observed that if the appellants are found in any

criminal activities, after his / her release on bail / suspension of

sentence, then the present bail / suspension order shall stand

cancelled without further reference to this Court; and the State will

be free to arrest the accused in the present case also.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.06.26 17:30:33 +05'30'