Gujratiyabai And 2 Ors. vs The State Of Madhya Pradesh
2021 Latest Caselaw 1751 MP

                                                                   [1]
                                                                                           CRA-314-2012


                                  THE HIGH COURT OF MADHYA PRADESH
                                                     CRA-314-2012
                                    (GUJRATIYA BAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)


                      Indore, Dated : 03-05-2021

                          Heard through Video Conferencing.

                          Mr. Kailash Chand Paliwal, Advocate for the appellants.

                          Mr. Amit Singh Sisodia, Government Advocate for the respondent-State.

Heard on IA-774-2021.

This is application filed under Section 389(1) of Cr.P.C. for suspension of

sentence and grant of bail moved on behalf of appellant No.1 - Gujratiya Bai.

The conviction and sentence of the appellant is as under:

Section Act Imprisonment Fine Imprisonment in lieu of fine 302 IPC R.I. for life Rs.1,000/- Addl. R.I. for 3 months 498-A IPC R.I. for 3 years Rs.500/- Addl. R.I. for 1 month

The contention of the learned counsel for the appellant is that appellant

No.1- Gujratiya Bai was aged about 65 years at the time of passing of the

impugned judgment dated 16.02.2012 and now she is aged about 75 years. She is

suffering from different kinds of aliments and that even though the alternative

charge against the accused/appellants was also for offence under Section 304-B of

IPC. The appellants have been convicted on the basis of the dying declaration of

the deceased for offence under Section 302 of IPC, whereas the ingredients of

murder are not attracted on the basis of the evidence available on record. The

appellant No.1 has been in jail since last more than 10 years and that if eventually

the conviction of the appellant is altered into one for offence under Section 304-B Signature SAN Not Verified

Digitally signed by SAIFAN KHAN Date: 2021.05.03 15:01:46 IST [2] CRA-314-2012

of IPC, the period already served by the appellant would suffice for the

conviction of that offence. The appeal is pending for last nine years and that

hearing of the appeal will still take more time.

The application is opposed by the learned Government Advocate appearing

for the respondent/State.

Having considered the contentions of the learned counsel for the parties,

considering the material available on record and the facts and circumstances of

the case and that the hearing of the appeal is likely to take time, we are persuaded

to allow IA-774-2021 and suspend the sentence awarded to the appellant No.1-

Gujratiya Bai.

Accordingly, IA-774-2021 is allowed. It is directed that the remaining part

of the jail sentence imposed upon the appellant No.1- Gujratiya Bai shall

remain suspended and she shall be enlarged on bail upon her furnishing a

personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two

sureties of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the

satisfaction of the trial Court.

The jail authorities shall have the appellant No.1 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.

                        (MOHAMMAD RAFIQ)                                 (ATUL SREEDHARAN)
                          CHIEF JUSTICE                                        JUDGE

           [email protected]



Signature
 SAN      Not
Verified

Digitally signed by
SAIFAN KHAN
Date: 2021.05.03
15:01:46 IST