Madhya Pradesh High Court
Chumribai @ Geetabai vs The State Of Madhya Pradesh on 13 June, 2022
Author: Vivek Rusia
- : 1 :-
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 448/2022
(CHUMRIBAI @ GEETABAI AND ANOTHER Vs THE STATE OF MADHYA PRADESH)
Dated : 13-06-2022
Shri Ashish Gupta, learned counsel for the appellant no.1.
Shri Mukesh Kumawat, learned Govt.Advocate for the
respondent/State.
Heard.
Admit.
Also heard on I.A. No.2984/2022 which is first application for
suspension of sentence filed under section 389(1) of the Cr.P.C. on behalf
of appellant no.1 Chumribai @ Geetabai.
The appellants have been convicted and sentenced vide judgment
dated 28/12/2021 in Session Trial No.82/2013 passed by Second
Additional Sessions Judge,Ratlam District Ratlam as below:-
Conviction Sentence
Section Act Imprisonment Fine deposited Imprisonment
details in lieu of Fine
302/34 IPC Life imprisonment Rs.3000/- 6 months R.I
As per prosecution story, on 25.10.2012, deceased Nanalal was
working on his agricultural field at that time the goats belonging to
appellant no.1 Chumribai @ Geetabai entered into his field and started
destroying the crops so Nanalal (deceased) tried to move the goats from
his field. During the said incident appellants came on the field of Nanalal
(deceased) and started abusing him and when the complainant and
deceased Nanalal tried to stop them appellant no.1 started pelting stones
and appellant no.2 Parmesh gave a blow by stick on the head of Nanalal .
- : 2 :-
He sustained injuries on various parts of the body. He was taken to the
hospital where he was declared dead. The police registered an FIR initially
under Sections 294,323,506,336 and 34 of IPC and after obtaining the
query report Section 307 of IPC was added. After five days Nanalal died
on 30.10.2012 and accordingly, Section 302 of IPC was also added. Both
the appellants were tried under Section 302 of IPC and vide judgment
dated 28/12/2021 in Session Trial No.82/2013 passed by Second
Additional Sessions Judge,Ratlam District Ratlam they have been
convicted and sentenced.
Learned counsel for the appellants submits that so far the role of
the present appellant no.1 Chumribai @ Geetabai is concerned as per
prosecution story, she pelted stones whereas fatal injury on head was
caused by appellant no.2 Parmesh. She was on bail during the trial. She
has faced the agony of trial for almost ten years.The appeal is of 2022 and
there is no likelihood of final hearing in near future of this appeal. The
appellant no1.was on bail during trial and she never misused the liberty
granted by the court. The hearing of this appeal would likely to take long
time, hence prayed for suspension of sentence and release of the appellant
no.1 on bail.
Learned Govt. Advocate for the respondent/State opposes the prayer
for suspension of sentence.
Considering the facts and circumstances of the case, the period of
custody and that there is no likelihood of final hearing of this criminal
appeal in near future, without commenting on the merits of the case the
application for suspension of sentence I.A. No.2984/2022 is allowed.
Execution of jail sentence of the appellant no.1 Chumribai @ Geetabai is
hereby suspended and it is ordered that the appellant no.1 Chumribai @
Geetabai be released on bail on her furnishing a personal bond for a sum
- : 3 :-
of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety
in the like amount to the satisfaction of the learned trial Court for her
appearance before the Court, the execution of custodial part of the
sentence shall remain suspended, till the final disposal of this appeal.
The appellant no.1 Chumribai @ Geetabai shall mark her presence
before the registry of this Court on 21/11/2022 and on all such subsequent
dates, which are fixed in this regard by the Registry.
I.A. No.2984/2022 also stands disposed of.
List the matter for final hearing.
Certified copy as per rules.
(VIVEK RUSIA ) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
das
Digitally signed
by REENA
PARTHO SARKAR
Date: 2022.06.14
11:12:20 +05'30'
