Smt. Rajni Meena vs The State Of Madhya Pradesh
2023 Latest Caselaw 13171 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 10520 of 2022 (SMT. RAJNI MEENA Vs THE STATE OF MADHYA PRADESH)

Dated : 14-08-2023 Shri Aman Pandey- Advocate for the appellant.

Shri Diensh Patel-Deputy Government Advocate for the State.

Heard on IA No. 14454/2023, an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant-Rajnii Meena arising out of judgment dated 31.10.2022 delivered

in ST No.31/2019 by Additional Session Judge, Budhni, District-Sehore.

T h e appellant has been convicted under Section 306 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.5000/- with default stipulations.

Learned counsel for the appellant submits that prosecution witnesses have not supported the prosecution story. Recovery of suicide note (Ex. P/16) is not proved. In the instant case, offence under Section 306 of IPC is not made out as the necessary ingredients of the offence are missing. Final hearing of this appeal is not possible in near future. Thus, the remaining jail sentence of the

appellants may be suspended.

The prayer is opposed by learned counsel for the State. Perused the record.

Appellant's marriage with the deceased was solemnized in the year 2008 and deceased has committed suicide in the years 2017. During the aforesaid period deceased had not made any complaint against the appellant and not mediation was held between appellant and deceased. On the contrary, appellant has lodged an FIR under Section 498-A of IPC against the deceased and his Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/16/2023 6:03:38 PM

family members. Incident has taken place on 21.12.2017 whereas FIR has been registered on 06.09.2018. Therefore, taking into consideration the testimonies of PWs-5, 6, 7 and 8 and Suicide note (Ex.P/16), I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A. No.14454/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant-Rajni Meena is hereby suspended and it is directed that she be released on bail on her furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to

appear before the trial court Budhni, District-Sehore on 09.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List for final hearing in due course.

Certified copy as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/16/2023 6:03:38 PM