Sheelabai vs The State Of Madhya Pradesh
2023 Latest Caselaw 1267 MP

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRA No. 619 of 2017
               (SHEELABAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 20-01-2023
      Shri Maheshpuri Goswami - learned counsel - for the appellant.

      Shri Rajesh Shukla - learned Dy.AG - for the respondent - State.

Heard o n I.A. No.842/2023, which is sixth application under Section 389(1) of Cr.P.C. moved on behalf of appellant No.1 - Sheela Bai seeking suspension of sentence and grant of bail.

Earlier application has been dismissed as withdrawn vide order dated 01.12.2022 for suspension of sentence and grant of bail.

Appellant stands convicted under Section 302, 34 of IPC and sentenced to undergo life imprisonment with fine of Rs.500/- with default stipulation vide judgment of conviction and order of sentence dated 08.03.2017 passed by the Sessions Judge, Vidisha (Madhya Pradesh) in Sessions Trial No.160/2015.

A s per prosecution story, deceased Nayansi wife of Pankaj Khatiq is daughter in law of present appellant. It is alleged that marriage between Pankaj and deceased was solemnized two years preceding the date of incident. On the

fateful day, in the intervening night of 29/30th March, 2015, it is alleged that deceased was rushed to the District Hospital Vidisha where, she was found to have suffered burn injuries to the extent of 95-98% and information in this regard was sent to the Police Station from District Hospital. Thereafter, her statement was recorded by Addl. Tehsildar Vidisha. In her dying declaration, she alleged that the present appellant and two other co-accused persons i.e. brother in law, sister in law and present appellant have set her ablaze sprinkling kerosene oil on her entire body. Initially, the case was registered under Section

307/34 of IPC and after her death, Section 302 of IPC was added. Upon completion of investigation, challan was filed and thereafter, the case was committed for trial to the Sessions Court. The Sessions Court upon critical evaluation of the evidence placed on record has convicted and sentenced the appellant as referred above.

Learned counsel for the appellant submits that the appellant is a lady with no criminal antecedents. She has already suffered more than Seven years jail incarceration as duly verified from the concerning jail, besides, other family members of deceased have not supported the case of prosecution. Hence, prays for suspension of sentence and grant of bail primarily on the ground of

Seven years' jail incarceration. .

Per contra, learned counsel for the respondent-State opposes the application supporting the order impugned with the submission that her conviction is based upon dying declaration of deceased. She has attributed specific act to all the accused persons including appellant. As such, no exception can be taken. Even otherwise, the judgment is based upon cogent evidence. Hence, no case is made out only on the ground that she has suffered jail incarceration for Seven years.

Upon hearing counsel for the parties, though this Court refrains from commenting upon rival contentions touching merits of the matter, regard being had to the fact that the appellant is a lady and has already suffered Seven years jail incarceration, besides, family members of the deceased have not supported the story of prosecution and since the appellant is having no criminal record, the application deserves to be allowed. Accordingly, we allow the application and it is directed that the jail sentence of the appellant No.1 - Sheela Bai shall remain suspended and she be released on bail on her furnishing a personal bond

in the sum of Rs.2,00,000/- (Rupees Two Lac only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the Registry of this Court on 20.03.2023 and on other subsequent dates as may be fixed in this behalf with following further conditions:-

( i) the concerned jail authorities are directed that before releasing the appellant, the medical examination of the appellant be conducted through the jail doctor and if it is prima facie found that she is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, appellant shall be released on bail in terms of the conditions imposed in this order ;

(ii) violation of conditions, State is free to apply for cancellation of bail.

Accordingly, I.A. No.842/2023 stands allowed and disposed of.

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.

Certified copy as per rules.

                (ROHIT ARYA)                                   (MILIND RAMESH PHADKE)
                   JUDGE                                                JUDGE

  Rks

RAM KUMAR SHARMA
2023.01.20 18:39:42
+05'30'