Madhya Pradesh High Court
Rajkumari vs The State Of Madhya Pradesh on 20 December, 2023
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 12784 of 2023
(RAJKUMARI Vs THE STATE OF MADHYA PRADESH)
Dated : 20-12-2023
Shri Umesh Sharma, learned counsel for the appellant.
Shri K. K. Tiwari, learned Govt. Advocate for the respondent/State.
Heard on I.A. No.15305/2023, which is first application filed under
Section 389 of Cr.P.C. for suspension of jail sentence and grant of bail moved
on behalf of appellant - Rajkumari W/o Lakhansingh Chouhan.
2. Learned Trial Court has convicted the present appellant under Section
302/120-B of IPC and sentenced her to undergo Life Imprisonment with fine of
Rs.5,000/- with default stipulation, vide judgement of conviction and order of
sentence 30/09/2023, passed by the VIIth Additional Sessions Judge,
Ujjain(M.P.) in CIS No.ST/328/2020.
3. Prosecution story found to be proved is that on 28/04/2020
complainant lodged a report at Police Station - Neelganga, Ujjain that her father
- Ashok Chouhan was working in Patidar Hospital, Ujjain and on the date of
incident at about 06:30 p.m. when he was going on his duty, he forgot to take
his mobile. When the complainant ran behind him to give his mobile and
reached at Vivekanand Colony, at that time she saw that accused persons
namely Sheru and Govind were assaulting her father and caused him injury by
means of knife. Upon seeing this, she ran towards her house. The complainant
has stated that the accused persons use to visit her aunt's house, which was
objected by her father - deceased Ashok Chouhan and due to this reason they
alongwith her aunt(present appellant) committed murder of her father.
Accordingly, a case has been registered.
4. Learned counsel for the appellant submits that the present appellant
has not committed any offence and she has falsely been implicated in the case.
The appellant has been convicted only on the basis of memorandum of co-
accused recorded under Section 27 of the Evidence Act. There is no named
FIR against the present appellant. There are material contradictions and
omissions in the statement of the prosecution witnesses. The prosecution has
not proved its case beyond reasonable doubt. Since the appeal is of the year
2023 and final hearing of this appeal is not possible in near future, therefore, it is
prayed that the remaining jail sentence of the appellant may be suspended and
she may be released on bail.
5. Learned Government Advocate for the respondent/State supported the
impugned judgment by submitting that the crime committed by the appellant is
heinous in nature and looking to the offence, the entire role of the appellant and
the sentence so awarded as also the period of custody, it is not a fit case for
enlarging the present appellant on bail by suspending her jail sentence. The
prosecution has proved its case beyond reasonable doubt and, therefore, he
prays for rejection of the application.
6. We have heard learned counsel for the parties and perused the record.
7 . Having considered the rival submissions, so also the fact that final
hearing of this appeal is not possible in near future therefore, considering the
custodial period of the appellant, without expressing any opinion on the merits
of the case, I.A.No.15305/2023 is allowed.
8. It is directed that subject to depositing the fine amount, if already not
deposited, the substantive jail sentence of appellant - Rajkumari W/o
Lakhansingh Chouhan shall remain suspended till the final disposal of the
appeal and she be released on bail, on furnishing personal bond in the sum of
Rs.50,000/ -(Rupees Fifty Thousand Only) alongwith one solvent surety in
the like amount to the satisfaction of Trial Court, for her appearance before the
concerned trial Court firstly on 5.2.2024, and on such other dates, as may be
fixed by the said Court in this regard.
9. List the matter for final hearing in due course.
Certified copy, as per rules.
(S. A. DHARMADHIKARI) (PRANAY VERMA)
JUDGE JUDGE
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