Anita Bai Kol vs The State Of Madhya Pradesh
2023 Latest Caselaw 13481 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          CRA No. 2443 of 2022
                                                 (ANITA BAI KOL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 18-08-2023
                                 Shri Shailendra Singh - Advocate for the appellant.

                                 Shri Arvind Singh- Government Advocate for respondent/State.

Learned Government Advocate for the respondent/State adopts previous objection.

Heard on I.A. No.4109/2023 an application under Section 389(1) of the

Cr.P.C. for suspension of sentence and grant of bail to appellant Anita Bai Kol arising out of judgment dated 28.02.2022 delivered in S.T.No.80/2017, by Additional Session Judge Beohari, District-Shahdol.

T h e appellant has been convicted under Section 302 of IPC and sentenced to undergo R.I. for life imprisonment with fine of Rs.1,000/- with default stipulation.

By taking this Court to the prosecution story, it is submitted that deceased, husband of appellant used to consume liquor and quarrel with the appellant. On the date of incident also, a sudden quarrel had taken place during

which appellant picked-up a bottle and allegedly assaulted Rajaram by means of that bottle. Rajaram succumbed to the injuries.

Learned counsel for the appellant submits that sole eye-witness is daughter of deceased (PW-1). By placing reliance on para-3 of cross- examination, it is urged that she deposed on the basis of tutoring by her grandmother. It is not safe to give stamp of approval to the conviction on the basis of such shaky and weak evidence. The necessary ingredients for attracting Section 302 of the IPC are absent. The appellant has five children and she has Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 8/21/2023 10:01:42 AM

to look after them. Final hearing of this appeal is not possible in near future. Thus, it is prayed that remaining jail sentence of the appellant may be suspended.

The prayer is opposed by learned Government Advocate on the basis of objection.

Considering the aforesaid factual backdrop, without expressing any opinion on merits, we deem it proper to suspend the remaining jail sentence of this appellant.

Accordingly, I.A No.4109/2023 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 Anita Bai Kol be released on bail on her 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, Beohari, District-Shahdol on 30.10.2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                                (SUJOY PAUL)                                   (ACHAL KUMAR PALIWAL)
                                   JUDGE                                               JUDGE

                          vai




Signature Not Verified
Signed by: VAISHALI
AGRAWAL
Signing time: 8/21/2023
10:01:42 AM