Rajubai vs The State Of Madhya Pradesh
2023 Latest Caselaw 5725 MP

                                                                                  1
                                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                                       AT INDORE
                                                                          CRA No. 1368 of 2015
                                                                    (RAJUBAI Vs THE STATE OF MADHYA PRADESH)

                                            Dated : 10-04-2023
                                                   Shri Amit Singh Sisodiya - Advocate for appellant.

                                                   Shri Vishal Sanothiya - Government Advocate for respondent/State.

Heard on IA No.4076 of 2023 which is an application for urgent hearing for bail application.

For the reasons assigned in the application, the same is allowed.

Heard on IA No. 2447 of 2023 which is third application for suspension o f sentence moved on behalf of appellant No. 1 Raju Bai. The earlier applications were dismissed as withdrawn.

The present appellant has been convicted under Sections 302 of the Indian Penal Code and sentenced to Life Imprisonment and fine of Rs.1000/- with default stipulation.

The present application is filed mainly on the ground that the appellant has already undergone substantial jail sentence and similarly situated co-accused persons Manoj & Ors. in connected criminal appeal No. 754/2013, the benefit

of suspension of sentence has been granted.

Counsel for the State opposes the prayer for grant of suspension of sentence mainly on the ground that the conviction is based on dying declaration and in the dying declaration, the allegations are made against the appellant for pouring kerosene on the deceased and setting fire by the other co-accused

Signature Not VerifiedDigitally signed by persons.

  SAN                 SOUMYA RANJAN
                      DALAI
                      Date: 2023.04.11
                      10:32:33 IST

The Hon'ble Supreme Court in a judgment reported in (1994) 6 SCC 731 (Supreme Court Legal Aid Committee Representing Undertrial Prisoners vs.

Union of India and others) and followed in Criminal Appeal No.1640 of 2010 (Thana Singh vs. Central Bureau of Narcotics) decided on 30.08.2010 has held that if the convict has undergone a sentence of more than fifty percent of what has been awarded to him, the same shall constitute a ground to the Court to consider while enlarging him on bail.

On considering the facts, we do not find that the exceptions as pointed out by the Hon'ble Supreme Court in the order dated 05.10.2021 passed in SLP (Criminal) No.4633 of 2021 (Saudan Singh Vs. The State of U.P. and others) are applicable herein. Since the appellant has already undergone the custody of almost 10 years and the appellant is a lady, we are of the view that they require

to be enlarged on bail on that ground itself.

Consequently, I.A. No.2447 of 2023 is allowed. The remaining jail sentence of the appellant is suspended.

Appellant No.1 - Raju Bai is enlarged on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the same amount to the satisfaction of the trial Court, for her appearance before the Chief Judicial Magistrate, Ratlam on 28.08.2023 and thereafter, on such other subsequent dates as may be fixed in that behalf.

                                               (VIJAY KUMAR SHUKLA)                                     (PRANAY VERMA)
                                                       JUDGE                                                JUDGE

                                             soumya




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  SAN                  SOUMYA RANJAN
                       DALAI
                       Date: 2023.04.11
                       10:32:33 IST