Shimlabai vs The State Of Madhya Pradesh
2022 Latest Caselaw 16424 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                                     AT INDORE
                      Criminal Appeal No.8385 of 2022
                    (SHIMLABAI Vs THE STATE OF MADHYA PRADESH)

Dated : 12-12-2022
          Ms. Sudha Shrivastava, learned counsel for the appellant.
          Shri Kamal Kumar Tiwari, learned Government Advocate for
respondent/State.
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Heard on the question of admission.

Appeal is admitted for final hearing.

Record perused.

Heard on I.A. No.12707/2022 which is FIRST application under Section 389(1) of Code of Criminal Procedure, 1973 for suspension of remaining jail sentence of appellant-Shimlabai Sansi.

The appellant has been convicted under Section 370(4) I.P.C. and sentenced to undergo 10 years' R.I. with fine of Rs.10,000/- with default stipulation.

Other co-accused persons who have been convicted vide judgment dated 20.02.2018 have already preferred a Cr.A. No.1760/2018 in which, none of them have been granted the benefit of suspension of jail sentence. During pendency of trial, this appellant remained absconding, hence, she was declared absconder on 03.08.2017 and the trial was proceeded further. She was produced on a production warrant on 21.12.2021 and thereafter, the trial was proceeded. However, during this period she was already in District Jail Alwar, Alwar therefore, in Crime No.741/2021 after release on bail by the High Court of Rajasthan on 14.12.2021 she was produced before the trial Court. Vide order dated 20.07.2022, this Court has granted the benefit of bail under

Section 439 vide M.Cr.C. No.32425/2022. Thereafter, vide impugned judgment, she has been convicted and sent to jail.

Learned counsel for the appellant submits that prosecution has reexamined only two witnesses and they were cross-examined however, the victim who was examined as PW/4 has not been examined again, therefore, there is no test identification or Doc identification in case of the present appellant. The procedure prescribed under Section 299 has not been followed, therefore, in view of the provision of Section 299 of Cr.P.C., the evidence of other witnesses has wrongly been taken into consideration for convicting this appellant. Hence, the conviction is bad in law in light of the judgment passed by the Apex Court in case of Vijay Ranglal Chourasiya v/s State of Gujarat (Cr.A. No.1125/2009 ) decided on 25.04.2014.

Government Advocate opposes the aforesaid application by submitting that there is a named FIR against this appellant as she was found involved in sell and purchase of the minor children for the purpose of human trafficking. Even the Apex Court has denied the suspension of sentence and the co- accused who are in jail since last five years have not been released so far.

In view of the aforesaid as this appellant has been named in the FIR as well as in the statement of victim (PW/4) apart from the other materials collected by the prosecution, at this stage, I am not inclined to grant suspension of jail sentence.

Accordingly, I.A. No.12707/2022 stands dismissed. List for final hearing in due course.

(VIVEK RUSIA) JUDGE Divyansh

RAVI Digitally signed by RAVI PRAKASH DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=4ab94d84dc5263b30f6f28a2add7abcbb2aa0330ac7 397bcd9fbc95dfaf35905,

PRAKASH pseudonym=100608901330D162AC2ABC78EA9AE338F31DC C4E, serialNumber=B4A0E3E988793A97B9DF941C1DC674099011 995D1F8DEE914E3F7CDDD06B9558, cn=RAVI PRAKASH Date: 2022.12.19 17:33:36 +05'30'