Dhapubai vs The State Of Madhya Pradesh
2023 Latest Caselaw 6574 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        CRA No. 3990 of 2022
                                               (DHAPUBAI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 24-04-2023
                                 Shri Mukesh Sinjonia, learned counsel for the Appellant.

                                 Shri Bhuwan Gautam, learned G.A. for respondent/State.

Heard on I.A. No.11129/2022 , which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C filed on behalf of the Appellant - Dhapubai W/o Arjunsingh.

The Trial Court has convicted the appellant under Section 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs. 5,000/- and Section 201 of IPC and sentenced to undergo R.I. of 05 years with fine of Rs. 5,000/- with default stipulation, vide judgment of conviction and order of sentence dated 16.08.2018 passed by 6th Additional Sessions Judge, Mandsaur (M.P.) in S.C. No. 270/2016.

As per prosecution case, on 15.08.2016 the present appellant killed the deceased Shailendra Singh.

Learned counsel for the appellant submits that there is no eye-witness in

the case and entire prosecution case depends upon circumstantial evidence. The learned Trial Court has convicted the appellant only on the ground that the present present appellant was seen alongwith the appellant before the incident and Mobile Phone of the deceased was recovered from the appellant. Chain of circumstances are not completed and also not exclusive against the appellant. Last seen theory is not established and seizure of Mobile Phone is also not proved beyond reasonable doubt by the prosecution. The Trial Court has wrongly convicted the appellant, she is a woman and she is in custody since Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 25-04-2023 19:02:10

22.08.2016. Final hearing of this appeal is not possible in near future. Therefore, it is prayed that remaining jail sentence may be suspended and the appellant may be released on bail.

Learned Govt. Advocate for the respondent/State has opposed the prayer and prayed for rejection of application for suspension of sentence of the appellant.

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 appellant, final hearing of this

appeal is not possible in near future. Therefore, without commenting on merits, we are inclined to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.11129/2022, is allowed.

I t is directed that subject to depositing the fine amount, if already not deposited, Appellant - Dhapubai shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 22.08.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

In view of the aforesaid, I.A.No.14678/2022, which is an application for urgent hearing stands disposed off.

C.C. as per rules.

                             (S. A. DHARMADHIKARI)                         (PRAKASH CHANDRA GUPTA)
                                      JUDGE                                         JUDGE
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 25-04-2023
19:02:10

                           Vatan




Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 25-04-2023
19:02:10