Madhya Pradesh High Court
Gendalal vs The State Of Madhya Pradesh on 10 August, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 7040 of 2023
(GENDALAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 10-08-2023
Shri Satyendra Kumar Vyas, learned Senior Advocate assisted by Shri
Mohammad Ikram Ansari, learned counsel for the appellants.
Shri Bhuwan Gautam, learned Government Advocate for the
respondent/State.
The matter is taken up for hearing, hence I.A.No. 7928/2023, application
for urgent hearing stands disposed of.
2. Also heard on I.A.No.7927/2023, which is first application for
suspension of jail sentence of the appellant No.3 Dhanabai and appellant
No.4 Ku. Pooja who stand convicted vide judgment dated 15.05.2023 passed
by the Second Additional Sessions Judge, Sardarpur, District Dhar (MP) in
Sessions Trial No. 21/2020 (Crime No. 264/2019) for offence punishable under
Section 302 read with Section 34 of the Indian Penal Code and sentenced to
undergo life imprisonment with fine of Rs. 1,000/- and default stipulations.
3. The prosecution case found to be proved is that on 29.10.2019 at
about 4:00 pm, when complainant reached his house, his father Champalal told
him that some altercation took place with appellants Gendalal and Bablu and
they started to beat him and thereafter, Champalal came back to the house.
After sometime, when complainant returned to his house, he saw that co-
accused/appellants Gendalal, Pawan @ Bablu, present appellant No.3 Dhanabai
and appellant No.4 Ku. Pooja were abusing his father Champalal filthily and
when they were told not to abuse, co-accused Gendalal inflicted injury by
sword on the head of Champalal due to which blood started oozing out. Co-
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 8/11/2023
4:44:30 PM
accused Pawan beat Champalal with the blunt side of the sword. The present
appellant No.3 and 4 slapped Champalal. During treatment Chamapalal
succumbed to the injuries and died.
4. Learned counsel for the appellants submits that appellants No. 3 and
4 have been falsely implicated in the case. They were in their house when the
incident took place. He further submits that it is not possible for them to slap
Champalal when other persons were assaulting him with sword. They have
been implicated in the case merely on the ground of their presence on the spot.
Appellants No. 3 and 4 were on bail during trial. The final disposal of this
appeal will take considerable time. Both the appellants are women, therefore,
learned counsel for the appellants prays that the jail sentence of the appellants
No. 3 and 4 be suspended and they be released on bail.
5. Learned counsel for the respondent/State opposes the prayer for
suspension of jail sentence and prays for its rejection.
6. On due consideration of the facts and circumstances of the case,
role assigned to appellants No. 3 & 4 and the fact that they are women, without
expressing any opinion on the merits of the case, I.A.No. 7927/2023 is
allowed and it is directed that upon depositing the fine amount (if not already
deposited) and on furnishing personal bond in the sum of Rs. 50,000/- each
with one solvent surety each in the like amount to the satisfaction of the trial
court, the substantive jail sentence of appellant No.3 Dhanabai and appellant
No.4 Ku. Pooja shall remain suspended till the final disposal of the appeal and
they shall be released on bail. They shall appear before the concerned trial
Court firstly on 14.12.2023 and on all other subsequent dates, as may be fixed
in this behalf by that Court.
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 8/11/2023
4:44:30 PM
Certified copy as per rules.
(S. A. DHARMADHIKARI) (PRANAY VERMA)
JUDGE JUDGE
vidya
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 8/11/2023
4:44:30 PM
