Anil vs The State Of Madhya Pradesh
2023 Latest Caselaw 5854 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 6006 of 2022
                                        (ANIL AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 11-04-2023
                                   Ms. Sharmila Sharma, learned counsel for the Appellant [A-3].

                                   Shri K. K. Tiwari, learned G.A. for respondent/State.

Shri Pankaj Porwal, learned counsel for the Respondent [R-2].

Heard on I.As. No. 9763/2022 filed on behalf of Arti Sendhav and I.A. No. 9764/2022 filed on behalf of Seema Sendhav, which are first application

for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C.

The Trial Court has convicted the appellant Arti under Section 323 R/w Section 149 (two counts) of IPC and sentenced to undergo R.I. of 3 months with fine of Rs. 300/-, Section 307 R/w Section 149 and sentenced to undergo R.I. of 10 years with fine of Rs. 300/- with default stipulation and for Seema under Section 323 R/w Section 149 (two counts) of IPC and sentenced to undergo R.I. of 3 months with fine of Rs. 300/-, Section 307 R/w Section 149 and sentenced to undergo R.I. of 10 years with fine of Rs. 300/- and Section

302 R/w Section 149 of IPC and sentenced to undergo Life imprisonment with fine of Rs. 600/- with default stipulations, vide judgment of conviction and order of sentence dated 07.07.2022 passed by Special Judge, SC/ST (Atrocities Act), Dewas (M.P.) in S.C. No. 94/2018.

As per prosecution case, on 25.04.2018 at around 7:30 to 8:30 pm co- accused Anil, Mithun, Mahesh, Dinesh, Naniya alias Narendra, Dharmendra and present appellants Smt. Arti Sendhav and Smt. Seema Sendhav had assaulted Ambaram, Smt. Shyamubai (PW-1) and Bablu alias Rewaram (PW-2) by means Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 12-04-2023 17:31:59

of Lathis and Saliyas. Due to injuries, Ambaram had died.

Learned counsel for the appellants submits that the present appellants have not committed any offence and they have falsely been implicated in the case. Wife of the deceased Shyamubai (PW-1) alleged to be an eye/injured witness, she lodged the Dehati Nalsi (Ex. P-1) on the same day at about 11:50 pm but the names of the present appellants have not been mentioned in the Dehati Nalsi (Ex. P-1). Her case diary statement (Ex. D-1) was recorded on 26.04.2018, it has been mentioned in the case diary statement (Ex. D-1) that two women also beaten the deceased but the names of the present appellants have not been mentioned in the case diary statement (Ex. D-1).

Learned counsel for the appellants further submits that injured Bablu (PW-2) and Rajubai (PW-7) have not deposed the specific act of present appellants in the crime. Eye-witness Jitendra (PW-10) has declared hostile by the prosecution and he has not supported the case of prosecution. Present appellants are women and they are in custody since 20.08.2018. Final hearing of this appeal is not possible in near future. Therefore, it is prayed that remaining jail sentence may be suspended and the appellants may be released on bail.

Learned Govt. Advocate for the respondent/State as well as counsel for t h e objector has objected the prayer and prayed for rejection of their application.

We have heard learned counsel for both the parties and perused the record.

Looking to the facts and circumstances of the case and also considering the evidence available on record against the appellants, coupled with the fact that final hearing of this appeal is not possible in near future. Therefore, we are

Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 12-04-2023 17:31:59

inclined to suspend the remaining jail sentence of appellants.

Accordingly, I.A. No. 9763/2022 and I.A. No. 9764/2022, are allowed.

I t is directed that subject to depositing the fine amount, if already not deposited, Appellants - Seema and Arti shall be released on bail, on furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each with one surety each in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 22.06.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

C.C. as per rules.

                              (S. A. DHARMADHIKARI)                        (PRAKASH CHANDRA GUPTA)
                                       JUDGE                                        JUDGE

                           Vatan




Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 12-04-2023
17:31:59