Madhya Pradesh High Court
Munna Kha vs The State Of Madhya Pradesh on 6 May, 2021
Author: Nandita Dubey
1 CRA-253-2021
The High Court Of Madhya Pradesh
CRA-253-2021
(MUNNA KHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 06-05-2021
Heard through Video Conferencing.
Mr. Pradeep Naveriya, learned counsel for the appellants.
Mr. B.S. Kushwaha, learned P.L. for the respondent/ State.
Heard on I.A.No. 2023/2021, which is first application under Section
389(1) of Cr.P.C. on behalf of the appellants No.3 Sakuran Bano, appellant
No.4 Madina Bano, appellant No.6 Sayra Bano, appellant No.7 Reenu Bano
and appellant No.8 Gulbasha.
The appellants have been convicted under Section 302 read with
Section 149 of IPC and sentenced to life imprisonment and fine of Rs.500/-
each; in lieu 6 months R.I. They have further been convicted under Sections
148 and 432 of IPC and sentenced to fine of Rs.100 for each count; in lieu 15
days R.I.
As per the prosecution story, the appellants along with other accused
persons had quarrel with deceased Jagdish Singh. They assaulted him as a
result of which he died.
Learned counsel for the appellants submits that eye-witnesses namely
P.W.3 Raghuveer Singh and P.W.5 Rameshwar have turned hostile and have
not supported the case of the prosecution. It is submitted by the appellants
that appellants being ladies in the house have been falsely implicated in the
case and counter case has also been registered against Jagdish Singh and
other members of the complainant party as two members of the accused
party had died in that assault. He has read out para 46 of the impugned
judgment.
Learned P.L. for the State has vehemently opposed the application for
suspension of sentence.
Heard the learned counsel for the parties.
2 CRA-253-2021
Considering the statement of P.W.15, P.W.16 and P.W.17 who had no
knowledge what happened inside the house and also the fact that there was a
counter case between the parties, members of the accused party have also
lost their lives and appellants being ladies, without commenting on the merits
of the case, the present application stands allowed. It is directed that if
appellants No.3 Sakuran Bano, appellant No.4 Madina Bano,
appellant No.6 Sayra Bano, appellant No.7 Reenu Bano and appellant
No.8 Gulbasha furnish surety in the sum of Rs.35,000/- (Rs. Thirty Five
Thousand Only) each and execute personal bonds in the like amount to the
satisfaction of concerned trial Court, the execution of the sentence of
imprisonment passed against them shall remain suspended and they shall be
released on bail.
Once the Court below is satisfied, as regards the bail bonds, the jail
authorities shall comply with the directions given by the Supreme Court with
regard to release of under trial/convicted prisoners from jail by ensuring that
they are first examined by the jail doctor and if they show any symptoms of
COVID 19, refer them to such hospital designated by the State and the said
hospital, thereafter shall follow the protocol laid down by the State, with
regard to the appellants.
After release, the appellants shall now appear before the Registry of
this Court on 26th October 2021 and on such other dates which normally
will not be less than the period of eight months as may be directed to them in
this regard till final disposal of this appeal.
However, it is made clear that sentence of fine amount is not
suspended.
With the above, the application (I.A. 2023/21) is disposed of.
A typed copy of this order be forwarded by the Registry to the Office
of the Advocate General and to Mr. B.S. Kushwaha, learned Panel Lawyer,
on their respective email addresses, for intimation to the Police Station
concerned. The office is also directed to forward a copy of this order to the
3 CRA-253-2021
learned Court below.
List the appeal for final hearing in due course.
(NANDITA DUBEY) (VISHAL DHAGAT)
JUDGE JUDGE
Vikram
Digitally signed by VIKRAM
SINGH
Date: 2021.05.07 14:28:31
+05'30'
