Tula Ahirwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 6592 MP

THE HIGH COURT OF MADHYA PRADESH CRA No.155/2022 (TULA AHIRWAR VS. STATE OF M.P.)

Gwalior, Dated : 02/05/2022

Shri Ayush Saxena, learned counsel for the appellant.

Shri C.P.Singh, learned counsel for the State.

Heard on I.A. No.3306/2022. This is an application for

suspension of sentence and grant of bail.

The appellant has been convicted for the following offences :

Conviction U/s Sentence Fine Default (in lieu of fine) 306 of IPC 7 years RI 5,000/- 6 months RI

The allegations against the appellant are that she was objecting

to the relationship of the deceased with one Rahul and on the date of

the incident the appellant and co-accused had scolded the parents of

the deceased with regard to her whereabouts. It is submitted that

since, the appellant was regularly objecting to the relationship of the

deceased with Rahul, therefore, she committed suicide by jumping in

front of the running train.

It is submitted by the counsel for the appellant that in the light

of the judgment passed by the Co-ordinate Bench of this Court in the

case of Deepak Vs. State of M.P. reported in 1993 (2) MPJR 328,

the allegations may not amount to abetment of suicide. The appellant

had remained in jail as an under-trial from 13/07/2014 to 16/09/2014

and from 13/01/2016 to 16/01/2016 and she is in jail from the date of

judgment i.e. 02/12/2021. The appellant undertakes to appear before

THE HIGH COURT OF MADHYA PRADESH CRA No.155/2022 (TULA AHIRWAR VS. STATE OF M.P.)

the Registry of this Court on all dates as and when directed in this

behalf. Hearing of appeal will likely to take long time.

Per contra, the application is opposed by the Counsel for the

State.

Considering the facts and circumstances of the case, the

application for suspension of sentence is allowed. On furnishing the

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only)

with one surety in the like amount to the satisfaction of the Trial

Court/CJM/Remand Magistrate (Whosoever is available), the

remaining jail sentence shall remain suspended and the appellant

shall be released on bail.

This order shall remain in force, till the conclusion of the

present appeal.

The appellant is permanently exempted from his personal

appearance before the Registry of this Court, however, she shall

appear before the Court as and when directed.

                                                               (G.S. Ahluwalia)
Pj'S/-                                                               Judge


    Digitally signed by
    PRINCEE BARAIYA
    Date: 2022.05.02
    18:01:10 -07'00'