Madhya Pradesh High Court
Bhoori Bai @ Kamlesh Bai Yadav vs The State Of Madhya Pradesh Thr on 24 April, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 373 of 2017
(BHOORI BAI @ KAMLESH BAI YADAV Vs THE STATE OF MADHYA PRADESH THR)
Dated : 24-04-2023
Shri Susheel Goswami-Advocate for appellant.
Shri Rajesh Shukla-Additional Advocate General for respondent/State.
Heard o n I.A.No.4910/2023, fifth repeat application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
sole appellant-Bhoori Bai alias Kamlesh Bai Yadav.
Appellant so far has undergone 06 years and 10 months' of jail sentence
without remission.
Appellant stands convicted under Sections 302 of IPC and sentenced to
undergo imprisonment for life with a fine of Rs.2,000/- with default stipulation
vide judgment of conviction and order of sentence dated 03/02/2017 passed by
Sessions Judge, District Ashok Nagar (M.P.) in Sessions Trial No.05/2016.
As per prosecution story, the appellant is the daughter-in-law of
complainant/deceased Ramsakhi Bai. On the fateful day i.e. 28/08/2015, after
the appellant came back from her parents' place after enjoying Rakshabandhan
festival, started picking up fights with the deceased when she was alone. After
heated exchanges, appellant is alleged to have poured kerosene oil on the
deceased and set her ablaze. As a result, she suffered serious burn injuries in the
entire body. She herself lodged the Dehati Nalishi and recorded his dying
declaration wherein she has named the appellant specifically for the aforesaid
alleged act. After her death, the FIR was lodged. Upon completion of
investigation, challan was filed. The Sessions Court on critical evaluation of
evidence placed on record convicted and sentenced the present appellant as
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 4/24/2023
5:54:18 PM
aforesaid.
Shri Goswami, learned counsel for appellant while taking exception to
the impugned judgment submits that Sessions Court has not appreciated the
evidence placed on record in correct perspective. The judgment suffers from
surmises and conjectures. Appellant is innocent and falsely implicated. She is a
lady with a 10 year old baby in her house with nobody to look after her. Her 5
months' baby is with her in the jail. She has already suffered almost 7 years' of
jail incarceration. None of the witnesses have supported the story of the
prosecution. Even otherwise, regard being had to the period of jail sentence
already undergone and appeal being of 2017, there is no likelihood of early
hearing of the appeal in the near future. Hence, learned counsel for appellant
prays for suspension of sentence and grant of bail to present appellant in the
obtaining facts and circumstances.
Per contra, Shri Shukla, Additional Advocate General for
respondent/State, while supporting the impugned judgment makes submission
that it is not a case for suspension of sentence as not only Dehati Nalishi but
also the dying declaration by the deceased Ramsakhi Bai, leaves no room of
doubt that appellant's complicity is direct in the offence and therefore,
application deserves to be dismissed.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon the rival contentions so advanced touching merits of the
case, but regard being had to the fact that appellant is a lady with a 5 months'
old baby with her in the jail and so far she has already undergone 6 years and 10
months' of jail incarceration coupled with the fact that the appeal is of the year
2017 and there is no likelihood of early hearing of the appeal, this Court is of
Signature Not Verified
the view that appellant is entitled to the benefit of suspension of sentence and
Signed by: SUNEEL DUBEY
Signing time: 4/24/2023
5:54:18 PM
grant of bail.
Accordingly, I.A.No.4910/2023 stands allowed and it is directed that
the jail sentence of sole appellant-Bhoori Bai alias Kamlesh Bai Yadav 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 his 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 23/06/2023 and thereafter, on other subsequent dates as
may be fixed in this behalf.
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.
A copy of this order be sent to the concerned Court below for
compliance.
Certified copy/ e-copy as per rules/directions.
(ROHIT ARYA) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
(Dubey)
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 4/24/2023
5:54:18 PM
