Madhya Pradesh High Court
Salma @ Sando vs The State Of Madhya Pradesh on 8 February, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1316 of 2012
(SALMA @ SANDO Vs THE STATE OF MADHYA PRADESH)
Dated : 08-02-2023
Shri Bharat Yadav, learned counsel for the appellant no.1.
Shri K. K. Tiwari, learned Govt. Advocate for the respondent/State.
Heard on I.A. No.15816/2022, which is repeat 4th application for grant
of suspension of sentence filed under section 389(1) of the Cr.P.C. on behalf of
appellant [email protected]
Third application of appellant no.1 [email protected] Sando was dismissed on
merits vide order dated 19.07.2019.
The trial Court has convicted the appellant vide judgment of conviction
and order of sentence dated 31.08.2012 passed by the First Addl. Sessions
Judge, Khargone, in S.T. No.159/2011 as under:-
Section Imprisonment Fine In lieu of fine
302 of the IPC Life imprisonment Rs.1,000/- 1 year R.I.
498-A of the IPC 1 year and 6 months Rs.1,000/- 1 month R.I.
As per prosecution case, marriage of deceased Samina solemnized with
the co-accused Rais in the year 2008, present appellant [email protected] and co-
accused Sheikh Rafiq are mother-in-law and father-in-law of the deceased and
Waris Sheikh is brother-in-law of the deceased. The deceased was unable to
conceive child therefore, appellants used to harass her. On 14.05.2011 the
appellant and co-accused persons caught hold her and poured kerosene oil and
thereafter set her on fire. During treatment she had died on 15.05.2011.
Signature Not Verified
Learned counsel for the appellant pressed the application mainly on the
Signed by: AJIT
KAMALASANAN
Signing time: 09-02-2023
16:08:08
ground that the appellant is a woman and she is aged about 66 years old and
she is in custody since 26.05.2011. Final hearing of this appeal is not possible in
near future therefore, it is prayed that remaining sentence may be suspended and
the appellant may be released on bail.
Learned Govt. Advocate for the respondent/State has opposed the
prayer of the appellant but he has not disputed the custody period of the
appellant.
We have heard learned counsel for both the parties and perused the
record.
The appellant is an old woman and she is in custody since 26.05.2011 i.e.
more than 11 years coupled with the fact that final hearing of this appeal is not
possible in near future, therefore, without expressing any opinion on merits of
the case, the application I.A. No.15816/2022 is allowed and jail sentence of the
appellant shall remain suspended.
I t is directed that subject to depositing the fine amount, if already not
deposited, appellant shall be released on bail, on furnishing personal bond in the
sum of Rs.50,000/- (Rupees Fifty Thousand Only) with solvent surety in the
like amount to the satisfaction of trial Court, for her appearance before the
Registry of this Court firstly on 14.03.2023, and on such other dates, as may
be fixed by the Registry in this regard, till final disposal of this appeal.
I.A. No.1091/2023 for urgent hearing stands closed.
List for final hearing in due course.
C.C. as per rules.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 09-02-2023
16:08:08
ajit
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 09-02-2023
16:08:08
