Seema Devi vs The State Of Madhya Pradesh
2023 Latest Caselaw 14090 MP

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRA No. 1065 of 2014
                    (SEEMA DEVI Vs THE STATE OF MADHYA PRADESH)

Dated : 28-08-2023
      Shri Ashok Kumar Jain, learned counsel for the appellant.

      Shri A. K. Nirankari, learned Public Prosecutor, for the respondent/State.

Heard on IA No.13008 of 2023, ninth repeat application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of sole appellant-Seema Devi. Her eighth application was dismissed as withdrawn on 18.4.2023.

So far appellant has suffered jail incarceration of 08 years 07 months 08 days without remission and 12 years 09 months 29 days with remission.

Appellant stood convicted under Section 302 of IPC and sentenced to undergo imprisonment for life with a fine of Rs.20,000/- with default stipulations vide judgment of conviction and order of sentence dated 29.09.2014 passed by Additional Sessions Judge, Lahar, District Bhind (M.P.) in ST No.241/2012.

As per prosecution story, deceased's brother-in-law Sonu had brought the deceased to hospital in burnt condition on 26.01.2012 at 12.15 pm where she died next day, i.e., 27.01.2012 at 6.30 am. On such information merg was

registered at Merg No. 46/2012. During merg investigation, statements of Jasram Singh (Uncle of deceased) and Shyambeti (deceased's mother) were recorded. On the allegations against the appellant and co-accused persons regarding demand of dowry and torture to the deceased, FIR was registered at Crime No. 11/2012. On 26.01.2012 dying declaration of the deceased was recorded by Tahsildar. Upon completion of investigation, Challan was filed. The case was committed to the Sessions Court for trial. The Sessions Court upon critical

evaluation of the evidence placed before it and recording of statements of material witnesses, convicted and sentenced the present appellant along with other co-accused as referred above.

Learned counsel for the appellant submits that the present appellant is innocent and has been falsely implicated. The Sessions Court has not appreciated the evidence in correct perspective and the same suffers from surmises and conjectures. Moreso, the present appellant is lady and has already suffered12 years 9 months and 29 days' jail incarceration. The appeal is of the year 2014 and there is no likelihood of early hearing of this appeal in near future. Under such circumstances, it is prayed that jail sentence of the present

appellant may kindly be suspended.

Learned counsel for the respondent-State opposed the prayer and supported the impugned judgment.

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 period of custody suffered by the present appellant i.e. 08 years 07 months 08 days and that the appeal is of the year 2014 and there is no likelihood of early hearing of the appeal, this Court is of the considered view that benefit of suspension of sentence may be extended to present appellant.

Accordingly, IA No.13008 of 2023 stands allowed and it is directed that jail sentence of appellant Seema Devi 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 furnishing a personal bond in the sum of Rs.1,50,000/- (Rupees One Lac Fifty Thousand 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 30.10.2023 and 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 as per rules.

  (ROHIT ARYA)                                  (SATYENDRA KUMAR SINGH)
     JUDGE                                               JUDGE

yog




                            YOGESH
                            VERMA
                            2023.08.28
         VALSALA
         VASUDEVAN
         2018.10.26
         15:14:29 -07'00'
                            16:41:21
                            +05'30'