Madhya Pradesh High Court
Nashir Shah vs The State Of Madhya Pradesh on 28 June, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 252 of 2022
(NASHIR SHAH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 28-06-2022
Shri Alok Kumar Gupta, learned counsel for the appellants.
Ms. Seema Jaiswal, learned Panel Lawyer for the respondent/State.
Heard on I.A.No. 9525/2022, an application under Section 389(1) of
the Cr.P.C. filed on behalf of appellant no.2 Khwaja Bee for suspension of
execution of jail sentence and grant of bail pending the appeal.
Appellant No.2 Khwaja Bee stands convicted for commission of offence
under Section 498-A and 306 of IPC and has been sentenced to undergo R.I.
for 3 years with fine of Rs.1000/- and R.I. for 10 years with fine of Rs.3000/-
respectively with default stipulation by 7th ASJ, Katni and she is undergoing jail
sentence since 23.12.2021.
Learned counsel for the appellant has submitted that appellant Khwaja
Bee is mother-in-law of the deceased. Learned counsel has taken me through
the evidence of Amina Bi (PW1) mother of the deceased, Taufeeq Shah (PW-
2), brother of deceased and Naib Tehsildar C.S. Verma (PW-4) who had
recorded dying declaration Ex.P/3. He has contended that no specific
allegations have been made against Khwaja Bee about instigating or abetting
deceased to commit suicide and subjecting her to cruelty before death as she
was not residing with the deceased. Learned counsel further submitted that she
has fair chance of succeeding in the appeal as evidence of prosecution
witnesses is not worth reliance. He further submitted that even in the dying
Signature Not Verified
SAN declaration deceased has not made any specific allegation against appellant
Digitally signed by DEEPA MISHRA
Date: 2022.06.29 10:44:12 IST Khwaja Bee. In the aforesaid pretext, it has been prayed that appellant Khwaja
Bee be released on bail pending the appeal by suspending her jail sentence.
On the other hand, learned counsel for the respondent/State has opposed
the prayer for grant of bail and suspension of jail sentence of appellant Khwaja
Bee.
I have gone through the dying declaration Ex.P/3 recorded by Naib
Tehsildar C.S. Verma (PW-4) and have also gone through the evidence of
Amina Bi (PW-1). However, without expressing any opinion on the merits of
the case, having gone through the impugned judgment and the evidence and
other material on record, I am inclined to release appellant no.2-Khwaja Bee on
bail.
Consequently, aforesaid I.A.No. 9525/2022 is allowed. The execution
of jail sentence of appellant no.2-Khwaja Bee is hereby suspended subject
to depositing the fine amount, (if not already deposited). It is directed that
appellant no.2-Khwaja Bee be released on bail on her furnishing a personal
bond to a sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent
surety in the like amount to the satisfaction of the trial court with a further
direction to appear before the trial Court on 14.09.2022 and also on such
other dates, as may be fixed by that Court in this regard during the pendency of
this appeal.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
Signature Not Verified
SAN
Digitally signed by DEEPA MISHRA
Date: 2022.06.29 10:44:12 IST
