Savitri Bai Thakur vs The State Of Madhya Pradesh
2022 Latest Caselaw 1418 MP

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        The High Court Of Madhya Pradesh
                 CRA No. 1009 of 2017
                (SAVITRI BAI THAKUR Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 01-02-2022
      Heard through Video Conferencing.

      Ms. Archana Tiwari, learned counsel for the appellant.
      Mr. Dilip Parihar, learned Panel Lawyer for the respondent/State.

Heard on I.A.No.10035/2020 which is second application for suspension of sentence and grant of bail to the appellant. Her first application I.A. No.5049/2017 was dismissed as withdrawn vide order dated 07.01.2019.

Appellant has been convicted by the impugned judgment dated 24.10.2016 passed by learned 18th Additional Sessions Judge, Jabalpur passed in ST No.548/2015 for offence under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment.

Learned counsel for the appellant submits that the appellant is a woman aged about 33 years and she is in custody from the date of her arrest i.e. June, 2015. It is further contended that though there is dying declaration, yet the same cannot be relied upon in view of the testimony of Dr. Harikrishan Damde (PW-16) who clearly stated that Devi Singh Thakur (since deceased)

was not in a position to give any statement. It is also contended that Ankit Singh (PW-4) who was sleeping with the deceased at the relevant time has not supported the prosecution case. Hence, it is prayed that the remaining jail sentence of the appellant may be suspended and she be released on bail.

The prayer is opposed by learned Panel Lawyer for the State. Considering the nature of incident as well as custody period of the appellant coupled with the fact that final hearing of this appeal would take a considerable time, we deem it appropriate to suspend the remaining jail sentence of the appellant and to release her on bail.

Accordingly, without commenting on the merit of the case, I.A. No.10035/2020 i s allowed. It is directed that remaining jail sentence of appellant Savitri Bai Thakur shall remain suspended and she shall be

released on bail on furnishing a personal bond in a sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned and for her appearance before the trial Court firstly on 22.08.2022 and thereafter on all such dates as may be fixed by that Court from time to time during the pendency of this appeal.

List for final hearing in due course.

                                        (SUJOY PAUL)                                     (SMT. ANJULI PALO)
                                           JUDGE                                               JUDGE

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Date: 2022.02.02 14:31:51 IST