Ushabai Ahirwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 13436 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                           CRA No. 7121 of 2022
                 (USHABAI AHIRWAR Vs THE STATE OF MADHYA PRADESH)

Dated : 12-10-2022
      Shri Anand Purohit, learned counsel for the appellant.

      Shri   Ramadhar     Choubey,       learned   Public   Prosecutor   for   the
respondent/State.

Heard on IA.15023/2022, first application under Section 389(1) of Cr.P.C. filed on behalf of the sole appellant-Smt. Ushabai Ahirwar seeking suspension of sentence and grant of bail.

Appellant stood convicted under Sections 182, 193, 376/195 and 196 IPC and sentenced to undergo RI for three months, RI for one year with a fine of Rs.500/-, RI for seven years with a fine of Rs.1,000/- and RI for one year with a fine of Rs.500/- respectively with default stipulations, vide judgement of conviction and order of sentence dated 30.07.2022 by the Special Judge, (Atrocities), District Ashok Nagar (M.P.) in SC.Atr. No.38/2013.

As per prosecution story, in short, on 14.08.2012, accused/appellant Usha Bai Ahirwar lodged a false report at Police Station AJK Ashok Nagar to the effect that contractor Babulal Jain had ravished her. However, from the

DNA report of Babulal Jain it surfaced that he was not the perpetrator of the crime and in fact the miscreant was one Manoj with whom the appellant had intimate relations. In the wake of aforesaid, Babulal Jain was discharged on an application submitted by the investigating officer under Section 169 Cr.P.C. and the present appellant was arrested for the offences punishable under Sections 120B, 182, 193, 376/195 and 196 of IPC read with Section 3(2)(v) and 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

for falsely implicating Babulal Jain and leading false evidence in that behalf.

Learned counsel for appellant while taking exception to the impugned judgment submits that the Special Court has not appreciated the evidence placed on record in right perspective. It is submitted by learned counsel for the appellant that there are no independent witnesses examined. The witnesses who have been examined are interested witnesses and those who are even material witnesses have not stated anything against the present appellant. Appellant has suffered incarceration approximately three and a half months.The appeal is of the year 2022 and there is no likelihood of early hearing of this appeal in the near future. Under such circumstances, learned counsel prays for suspension of

sentence and grant of bail on behalf of appellant.

Per contra, learned Public Prosecutor for the respondent-State supporting the impugned judgment opposed the application for suspension of sentence and grant of bail moved on behalf of the appellant and prayed for its rejection.

Upon hearing learned counsel for the rival parties, without commenting o n the contentions so advanced touching the merits of the case, but regard being had to the overall facts and circumstances of the case together with the fact that appeal is of the year 2022 and its final hearing will take time, jail sentence of appellant deserves to be suspended during pendency of the present appeal.

Accordingly, it is directed that the jail sentence of appellant shall remain suspended during pendency of the present appeal and she shall be released on bail subject to verification of the factum of depositing the fine amount and on her furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two lacs only) with one solvent surety in the like amount to the satisfaction of the Trial

Court. She is directed to appear before the Registry of this Court first on 12/12/2022 and on other subsequent dates as may be fixed in this behalf with following further conditions:-

(i) the concerned jail authorities are directed that before releasing the appellant, her medical examination 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 shall be released on bail in terms of the conditions imposed in this order;

(ii) in case of violation of conditions, State is free to apply for cancellation of bail.

Accordingly, IA.15023/2022 stands allowed and closed. Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the appeal.

(ROHIT ARYA) JUDGE

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PAWAN DHARKAR 2022.10.1 3 12:56:08 +05'30'