Pawan Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 4152 MP

                                    1                CRA. 1218/2017



                The High Court of Madhya Pradesh
                    Criminal Appeal No. 1218/2017
              (Pawan Sharma & Ors. vs. State of MP)


Gwalior dated 25/03/2022
      Shri Anand Purohit, learned counsel for the appellant.
      Shri Sanjay Kumar Sharma, learned Public Prosecutor for
respondent/State.

Heard on I.A.No.29439/2021, second application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.7-Bhuri Bai. Her first application was decided on 11.6.2021 and interim suspension of sentence for a period of 90 days was granted to her.

Appellant No.7-Bhuri Bai along with other accused persons stood convicted under Section 302/149 of IPC and sentenced to suffer life imprisonment with fine of Rs.1,000/- and under Section 147 of IPC and sentenced to suffer two years' R.I. with fine of Rs.500/- with default stipulations vide judgment dated 07/09/2017 passed by 3rd Additional Sessions Judge, Morena, District-Morena in Sessions Trial No.13/2014.

Appellant No.7 is undergoing sentence from the date of judgement i.e. 07/09/2017. It is transpired that during trial, she was granted anticipatory bail.

As per prosecution story, deceased Manisha was married to co- accused Pawan about eight years ago preceding the date of incident. As per prosecution story, an FIR was lodged by the father of the deceased, namely, Raghuvir Sharma at about 7:30 a.m. on 23/07/2013 at Police Station Civil Lines Morena that he has been informed on mobile by one Kallu Sharma, resident of village Ganj that his daughter Manisha has passed away. Her in-laws are trying to cremate 2 CRA. 1218/2017

her body secretly. On such information, the complainant along with his family members reached the village Ganj. However, at that time, deceased Manisha was already cremated. Under such circumstances, suspicion arose about the nature of death of the deceased, therefore, a Marg was registered at No.58/2013. After investigation, the case was registered. During investigation, it surfaced that immediately after one year of marriage there was a demand of Rs.50,000/- as dowry from the side of the accused persons. The deceased was harassed and assaulted.

Laxmi, a 5 years old daughter of deceased Manisha remained consistent in her statements under Sections 161 and 164 of Cr.P.C. and in court deposition that all accused persons namely her father- Pawan, uncle- Sonu, grand mother-Sheela, Dhakko, present appellant Bhuri, grand father - Harishankar, Ramnaresh, aunt (bua)-Manju and Vandana had tightened the cloth around the neck of the deceased Manisha and thereafter, she was hanged. The co-accused Vandana Sharma is alleged to have locked Laxmi in the neighboring room. During investigation, separate map (Ex.P/4) and seizure memo (Ex.P/2 & P/3) were prepared. Marriage card of deceased (Ex.P/5) and her Janam Kundli (Ex.P/6) were seized and seizure memo (Ex.P/7) was prepared. The articles seized from the spot were sent for medical examination to State Forensic Science Laboratory Sagar by S.P. Morena. After recording of statements of witnesses, accused persons were arrested and after investigation, the charge-sheet was filed before CJM, Morena who in turn committed the case to Sessions Judge, Morena.

Learned counsel for appellant No.7-Bhuri Bai submits that appellant Bhuri Bai is in custody for more than 4 years. She was on anticipatory bail during trial. She is not directly related to deceased. In fact, the present appellant is a distant relative of the deceased. The 3 CRA. 1218/2017

trial Court has not appreciated the evidence placed on record in right perspective. Relevant material has not been considered and her complicity in the crime is not above suspicion. The appeal is of the year 2017 and there is no likelihood of the final hearing of the appeal. Hence, learned counsel for appellant prays for suspension of sentence and grant of bail to appellant No.7-Bhuri Bai.

Learned Public Prosecutor for the respondent-State opposes the application supporting the order impugned particularly referring to paragraphs 5, 6, 7 and 21 to contend that present appellant's role in the alleged crime is well established with the evidence of Laxmi as discussed by learned trial judge, hence, no exception can be taken in the matter of suspension of sentence.

Upon hearing learned counsel for parties, though this Court refrains from commenting upon rival contention touching the merits of the case, however, regard being had to the fact that appellant No.7 is a distant relative and besides she has suffered jail incarceration for more than four years and was on anticipatory bail during trial, in the obtaining facts and circumstances, appellant is held entitled for suspension of sentence.

Consequently, I.A.No.29439/2021 is hereby allowed and it is directed that the jail sentence of the appellant No.7- Bhuri Bai shall remain suspended and she be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lac Only) with one solvent surety in the like amount to the satisfaction of the trial Court and also subject to deposit of the fine amount (if not already deposited). Appellant No.7- Bhuri Bai is directed to mark her appearance before the Registry of this Court on 05/05/2022 and on other subsequent dates as may be fixed in this behalf with following further conditions:-

(i) the appellant No.7-Bhuri Bai will abide by the 4 CRA. 1218/2017

terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(ii) the concerned jail authorities are directed that before releasing the appellant, the medical examination of No.7-Bhuri Bai be conducted through the jail doctor and if it is prima facie found that she is having any symptoms of COVID- 19, then the consequential follow up action or any further test required be undertaken immediately. If not, appellant No.7-Bhuri Bai shall be released on bail in terms of the conditions imposed in this order.

Learned Public Prosecutor is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police station for information and necessary action.

E-copy/Certified copy as per rules.

                                (Rohit Arya)                       (Satish Kumar Sharma)
                                  Judge                                     Judge

(yog)



                                YOGESH
                                VERMA
                                2022.03.26
             VALSALA
             VASUDEVAN
             2018.10.26
             15:14:29 -07'00'
                                13:43:51
                                +05'30'