Gulshan Bee vs The State Of Madhya Pradesh
2022 Latest Caselaw 16461 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                      CRA No. 10685 of 2022
                                   (GULSHAN BEE AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 12-12-2022
                                 Shri Devaasheesh Dubey, learned counsel for the appellants.

                                 Shri Rajesh Joshi, learned Govt. Advocate for the respondents/State.

Heard on IA No.15522/2022, which is an application filed under Section 389 of Cr.P.C. for suspension of jail sentence and grant of bail to sole appellant

- Gulshan Bee and Faqruddin @ Pappu.

Learned Trial Court has convicted the appellants under Sections 307 read with 34 of IPC and Section 3(2)(v) of SC/ST Act and sentenced them to undergo 10 years RI with fine of Rs.2,000/- and 10 years of RI with fine of Rs.2,000/- respectively, with default stipulations vide judgement of conviction and order of sentence dated 24.09.2022 passed by the Court of Special Judge (SC/ST (Prevention of Atrocities) Act), District Ratlam in S.C. No.256/2016.

Learned counsel for appellants referring to dehati nalishi report (Ex.P-

1), lodged by the complainant's mother, dying declaration as well as statement recorded on 15.10.2016 under Section 161 of Cr.P.C. made by the complainant

submits that specific acts of the appellant have not been mentioned. After about a month, vague allegations were alleged against them. Impugned judgment convicting the appellant is not sustainable. There is no likelihood of final conclusion of this appeal in near future. Therefore, his remaining period of sentence be suspended and he be enlarged on bail.

Learned Govt. Advocate for the respondents/State, on the other hand has opposed the prayer.

Having considered the rival submissions, dehati nalishi report (Ex.P-1), Signature Not Verified Signed by: VIBHA PACHORI Signing time: 12/13/2022 10:33:35 AM

dying declaration and statement of the complainant recorded on 15.10.2016 under Section 161 of Cr.P.C. and also considering the fact that there is no likelihood of final conclusion of this appeal in near future. Without expressing any opinion on merits of the case, I.A.No.15522/2022 is allowed and jail sentence of the appellants shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, they shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety each in the like amount to the satisfaction of Trial Court, for their appearance before the Registry of this Court firstly on 09.01.2023 and on such other

dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List for final hearing in due course.

Certified copy, as per Rules.

(SATYENDRA KUMAR SINGH) JUDGE

SJ

Signature Not Verified Signed by: VIBHA PACHORI Signing time: 12/13/2022 10:33:35 AM