Madhya Pradesh High Court
Nashir Shah vs The State Of Madhya Pradesh on 18 April, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 252 of 2022
(NASHIR SHAH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 18-04-2022
Shri Narayan Prasad Dubey, learned counsel for the appellants.
Shri Pramod Kumar Choubey, learned Government Advocate for the
respondent/State.
Heard on I.A.No. 386/2022, an application under Section 389(1) of the
Cr.P.C. filed on behalf of appellant no.3 Shabnam Bi for suspension of execution
of jail sentence and grant of bail pending the appeal.
Appellant No.3 Shabnam Bi stands convicted for commission of offence
under Section 498-A and 306 of IPC and has been sentenced to undergo R.I. for
3 years with fine of Rs.1000/- and R.I. for 10 years with fine of Rs.3000/-
respectively with default stipulation by 7th ASJ, Katni and she is undergoing jail
sentence since 23.12.2021.
Learned counsel for the appellant has submitted that appellant Shabnam Bi is
married sister-in-law of the deceased and at the time of incident, she was not
residing with the deceased and appellant no.1 Nashir Shah. She was residing in her
matrimonial home. Learned counsel has taken me through the evidence of Amina
Bi (PW1) mother of the deceased, Taufeeq Shah (PW-2), brother of deceased and
Naib Tehsildar C.S. Verma (PW-4) who had recorded dying declaration Ex.P/3.
He has contended that no specific allegations have been made against Shabnam Bi
about instigating or abetting deceased to commit suicide and subjecting her to
cruelty before death as she was not residing with the deceased. Learned counsel
further submitted that she has fair chance of succeeding in the appeal as evidence
of prosecution witnesses is not worth reliance. He further submitted that even in
the dying declaration deceased has not made any specific allegation against
appellant Shabnam Bi. In the aforesaid pretext, it has been prayed that appellant
Shabnam Bi be released on bail pending the appeal by suspending her jail sentence.
On the other hand, learned counsel for the respondent/State has opposed
Signature Not Verified
SAN
the prayer for grant of bail and suspension of jail sentence of appellant Shabnam
Bi.
Digitally signed by BIJU BABY
Date: 2022.04.19 10:26:09 IST
I have gone through the dying declaration Ex.P/3 recorded by Naib
Tehsildar C.S. Verma (PW-4) and have also gone through the evidence of Amina
Bi (PW-1). In para 10 of her cross-examination, Amina Bi (PW-1) has admitted
that Shabnam Bi was married next day to the marriage of her daughter and she was
living in her matrimonial home. Therefore, without expressing any opinion on the
merits of the case, having gone through the impugned judgment and the evidence
and other material on record, I am inclined to release appellant no.3-Shabnam Bi
on bail.
Consequently, aforesaid I.A.No. 386/2022 is allowed. The execution of
jail sentence of appellant no.3-Shabnam Bi is hereby suspended subject to
depositing the fine amount, (if not already deposited). It is directed that
appellant no.3-Shabnam Bi be released on bail on her furnishing a personal bond
to a sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety in
the like amount to the satisfaction of the trial court with a further direction to
appear before the trial Court on 14.09.2022 and also on such other dates, as may
be fixed by that Court in this regard during the pendency of this appeal.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
b
Signature Not Verified
SAN
Digitally signed by BIJU BABY
Date: 2022.04.19 10:26:09 IST
