Smt. Rekha vs The State Of Madhya Pradesh
2023 Latest Caselaw 841 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 5950 of 2020
                                         (SMT. REKHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-01-2023
                                Shri R.S. Patel, learned counsel for the appellants.

                                Shri    Yogesh      Dhande,       learned   Government       Advocate    for
                          respondent/State.

Heard on I.A.No21842/22, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.3-Babloo

arising out of judgment dated 04-11-2020 delivered in ST No.71/2016 by the 1st Additional Sessions Judge, Chhatarpur (M.P.).

The appellant No.3 has been convicted under Sections 302 of IPC and sentenced to undergo RI for life and fine of Rs.1,000/-, with default stipulation.

Learned counsel for the appellant submits as per the prosecution story, on 13/12/2015, the deceased- Rajni was set ablaze by Rekha. A dying declaration was recorded, which contains the name of present appellant also. However, this Court by order dated 15/03/2022 suspended the jail sentence of appellant No.2- Anita Vanshkar and by order dated 05/08/2022 granted similar

relief to appellant No.1- Smt. Rekha. The name of appellants No.1 & 3 also finds place in the said dying declaration. The real sister of deceased namely Sharda (PW/1) categorically deposed that deceased set herself ablaze. Manisha- PW/3, Dhaniram-PW/4 (father of deceased) and mother of deceased-PW/5, did not support the prosecution story. Thus, remaining jail sentence of aforesaid appellant may be suspended.

The prayer is opposed by Shri Yogesh Dhande, learned Government Advocate for the State.

Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 1/13/2023 5:20:50 PM

We have heard the parties at length and perused the record. Considering the aforesaid factual backdrop and without expressing any opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant No.3. Accordingly, I.A. No.21842/2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant is hereby suspended and it is directed that on furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand Only) along with one surety in the like amount to the satisfaction of the trial Court, the appellant No.3- Babloo be released on bail with a further direction to remain present before the Trial Court, Chhatarpur on 17/04/2023

and on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

List along with connected cases.

Certified copy as per rules.

                               (SUJOY PAUL)                                 (DWARKA DHISH BANSAL)
                                  JUDGE                                            JUDGE

                          RS




Signature Not Verified
Signed by: RASHMI
RONALD VICTOR
Signing time: 1/13/2023
5:20:50 PM