Sukhiyabai vs The State Of Madhya Pradesh
2022 Latest Caselaw 330 MP

                                           1
             The High Court of Madhya Pradesh
                                                             Cr.A.No.5580/2019

                (Sukhiya Bai & Ors. Vs. State of M.P.)

Gwalior dated 6.1.2022

      Ms. Kalpana Parmar, learned counsel for the appellant.

      Shri   Anil      Shukla,   learned       Public   Prosecutor   for   the

respondent/State.

Heard on IA.No.16754/2020, second application u/Sec. 389(1)

of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellants No.1 & 2- Sukhiyabai and Ramsingh.

Learned counsel for the appellants submits that she does not

want to press the I.A. so far as it relates to appellant No.2 Ramsingh.

Therefore, this I.A. stands dismissed as not pressed so far as it

relates to appellant No.2 Ramsingh.

This criminal appeal has been filed against the judgment dated

7.6.2019 passed in S.T.No.105/2017 by the Second Additional Sessions

Judge, Guna, convicting appellant Sukhiyabai under Sections 498-A

and 306 of IPC and sentencing her to undergo 3 years RI with fine of

Rs.5,000/- and 10 years RI with fine of Rs.10,000/- respectively with

default stipulation.

In brief the prosecution case is that before five years of the

incident deceased Rajkumari was married to Seetaram. On 12.2.2017

when Seetaram came from his work, he found that his wife has

committed suicide by hanging herself. On his information, Merg was

registered & postmortem was conducted. Afterwards statements of

The High Court of Madhya Pradesh Cr.A.No.5580/2019

family members of the deceased were taken. They alleged that due to

dowry demand, appellant and her family members used to harass the

deceased, due to which she committed suicide. Case for the offence

punishable under Sections 306, 498-A, 34 of IPC was registered at

crime No.18/2017. After trial, the appellant has been convicted as

aforesaid.

It is submitted by learned counsel for the appellant that first

application was dismissed as withdrawn. Appellant is mother-in-law of

the deceased. On the basis of omnibus statements of family members of

the deceased, appellant and two others have been convicted. Appellant

is a lady aged 50 years. She is in custody since 7.6.2019. During trial

the appellant was on bail, however, she did not misuse the liberty so

granted. Amount of fine has been deposited by her. Final hearing of the

appeal will take time. She has a good case on merit. Therefore, prayer

for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed

for its rejection.

Considering the facts and circumstances of the case, but without

commenting upon merits of the case, IA.No.16754 /2020 is allowed so

far as it relates to appellant No.1- Sukhiyabai and it is directed that jail

sentence of appellant No.1- Sukhiyabai will remain under suspension

subject to verification that amount of fine has been deposited, on

appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five

The High Court of Madhya Pradesh Cr.A.No.5580/2019

Thousand Only) with one solvent surety of the like amount to the

satisfaction of concerned Trial Court for her appearance before the

Principal Registrar of this Court on 21st March, 2022 and on such

further dates as may be fixed by the office in this regard till disposal of

the appeal.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge ms/-

MADHU SOODAN PRASAD 2022.01.07 09:56:25 +05'00'