Smt. Bhumanibai Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 13275 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 231 of 2023
                                   (SMT. BHUMANIBAI PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-08-2023
                                Shri Manish Datt - Sr. Advocate with Shri Mayank Sharma - Advocate

                          for the appellant No.1 Smt. Bhumanibai Patel.
                                Shri Ajay Shukla - Government Advocate for respondent/State.

Heard on I.A. No.14847 of 2023 an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant Smt.

Bhumanibai Patel arising out of judgment dated 15.12.2022 delivered in Sessions Trial No.219/2015 by Ist Additional Sessions Judge to the Court of Ist Additional Sessions Judge, Chhatarpur, District-Chhatarpur.

The appellant has been convicted under Section 302 read with 34 of IPC and sentenced to undergo life imprisonment with fine of Rs.500/-, Section 25(1-

b)(a) of the Arms Act and sentenced to undergo R.I. for 1 year with fine of Rs.500/- and Section 27(1) of the Arms Act and sentenced to undergo R.I. for 3 years with fine of Rs.500/- with default stipulations.

Learned Senior Counsel submits that the appellant was held guilty on the

basis of circumstantial evidence reduced in writing in para-50 of the impugned judgment. The singular finding which directly connects the appellant with commission of crime is recovery of country made pistol (Katta). By taking this Court to her statement recorded under Section 313 of Cr.P.C., it is urged that because of sudden scuffle between present appellant and deceased, the Katta got fired and deceased sustained injuries and deceased succumbed to those injuries. Appellant is in custody continuously from 22.6.2015 and completed more than 8 years of actual sentence. The final hearing of this appeal of year Signature Not Verified Signed by: PARITOSH KUMAR Signing time: 8/17/2023 4:14:17 PM

2023 is not possible in near future. Considering the aforesaid, remaining jail sentence of the appellant may be suspended.

Shri Ajay Shukla, learned Government Advocate opposed the prayer on the basis of objection.

We have heard the parties and perused the record.

Considering the fact that appellant is a woman and remained in actual custody of more than 8 years and final hearing of this appeal is not possible in near future, without expressing any opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of this appellant.

Accordingly, I.A. No.14847 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that appellant Smt. Bhumanibai Patel be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty 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, Chhatarpur, District Chhatarpur on 30.10.2023 and also on such other dates as may be fixed by the trial Court in this regard during pendency of this appeal.

Certified copy as per rules.

                               (SUJOY PAUL)                               (AVANINDRA KUMAR SINGH)
                                  JUDGE                                            JUDGE

                          PK




Signature Not Verified
Signed by: PARITOSH
KUMAR
Signing time: 8/17/2023
4:14:17 PM