Madhya Pradesh High Court
Rajmani Kuchwadhiya vs The State Of Madhya Pradesh on 15 November, 2022
Author: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8617 of 2022
(RAJMANI KUCHWADHIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 15-11-2022
Mr. Vishnu Kumar Patel, learned counsel for the appellants.
Ms. Nalini Gurang, learned Panel Lawyer for the respondent/State.
Heard on the question of admission.
The appeal is admitted for hearing.
Heard on I.A. No. 18100/2022, which is the first application filed on
behalf of the appellant-Smt.Jugunti Kuchwadhiya who is the wife of main
accused namely-Rajmani Kuchwadhiya for suspension of sentence and grant of
bail.
The appellant has been convicted by the impugned judgment passed by
trial Court under Section 307 of I.P.C. and sentenced to undergo RI for 10
years with fine of Rs.500/- of the offences with default stipulation.
Learned counsel for the appellants has submitted that there are material
contradiction and omissions in the testimonies of prosecution witnesses. It
is further submitted that appellant No.1 namely-Smt.Jugnti Kuchwadhiya is the
wife of the main accused namely- Rajmani Kuchwadhiya who caused gunshot
injury to the complainant. The allegation against the present appellant No.1
namely-Smt.Jugunti Kuchwadhiya is that she provide gun to her husband during
the incident from her house. Disposal of this appeal would take considerable
time, therefore, the custodial sentence of the appellant may be suspended and
she may be released on bail.
Learned Panel Lawyer for the State has opposed the prayer for bail.
Signature Not Verified
SAN
Digitally signed by SARSWATI MEHRA
Date: 2022.11.16 13:06:37 IST I have heard learned counsel for the parties and perused the record.
Looking to the role attributed to the appellant No.1 and considering that she is a
house wife and is not a habitual offender, without commenting on the merits of
the case, I deem it to be a fit case to suspend the custodial sentence of the
appellant and to release them on bail, therefore, this application is allowed.
I t is directed that subject to depositing the fine amount, if not already
deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees
Forty Thousand only) with one surety in the like amount to the satisfaction of
the trial Court concerned, the custodial sentence of appellant namely, Appellant
No.1-Jugunti Kuchwadhiya shall remain suspended and she shall be released
on bail for securing her presence before the trial Court on 15.03.2023 and on
such other dates as may be fixed in this regard during pendency of this appeal.
The appellant shall regularly appear before the trial Court, on each and
every date, without fail.
List the case for final hearing in due course.
(SMT. ANJULI PALO)
JUDGE
sm
Signature Not Verified
SAN
Digitally signed by SARSWATI MEHRA
Date: 2022.11.16 13:06:37 IST
