Madhya Pradesh High Court
Smt. Somta vs The State Of Madhya Pradesh on 18 July, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 35 of 2016
(SMT. SOMTA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 18-07-2023
Shri B.S. Gour - Advocate for the appellants.
Dr. Anjali Gyanani - Public Prosecutor for respondent/State.
Heard on I.A. No.6753 of 2023, which is sixth repeat application under
Section 389(1) of Cr.P.C. moved on behalf of appellant No.1-Smt. Somta for
suspension of sentence and grant of bail.
As per the communication received from the office of Superintendent,
Central Jail, Gwalior, appellant No.1-Smt. Somta has already suffered jail
incarceration of 8 years and 11 months as on 26/06/2023 and with remission 12
years, 1 months and 17 days.
Appellant No.1-Smt. Somta, a lady, aged about 60 years along with other
co-accused persons stands convicted under Section 302 of IPC and sentenced
to undergo Life Imprisonment with fine of Rs.10,000/- with default stipulation
vide judgment of conviction and order of sentence dated 23/12/2015 passed by
Fourth Additional Sessions Judge, Bhind (M.P.) in S.T. No.362/2014.
Prosecution story, in short, is to the effect that prosecutrix married to co-
accused Gorelal three years preceding to the date of incident i.e. 18/4/2014. She
had 3 months old baby girl. On the fateful day i.e. 18/04/2014, at about 2:00
O'clock in the afternoon, she asked for wheat from the present appellant which
she refused. As a sequel thereto, the deceased is alleged to have felt offended
and enraged and she lied on the floor. The co-accused father-in-law poured
kerosene oil on her and the present appellant is alleged to have set her ablaze
with a matchstick. On hearing her scream, the husband Gorelal rushed to the
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 7/18/2023
6:43:29 PM
spot and tried to extinguish fire with water. Due to excessive burning, she died
homicidal death. The aforesaid facts are deducible from her dying declaration
(Ex.P.5). On such allegations, FIR was lodged and investigation was set in
motion. The Investigating Officer, after completion of investigation filed challan.
The case was committed to the Sessions Court for trial. The Sessions Court
up o n critical evaluation of the evidence placed on record convicted and
sentenced the present appellant along with other co-accused persons as referred
above.
Learned counsel for the appellant while taking exception to the impugned
judgment of conviction and order of sentence made submission primarily on the
count of long period of jail incarceration. As per the communication received
from the office of Superintendent, Central Jail, Gwalior, appellant No.1-Smt.
Somta has already suffered jail incarceration of 8 years and 11 months as on
26/06/2023 and with remission 12 years, 1 months and 17 days.. Learned
counsel for appellant further submits on merits that father and mother of the
deceased have turned hostile and belied the story of prosecution. Appeal is of
the year 2023 and there is no likelihood of early disposal of instant appeal in the
near future. Thus, on the aforesaid grounds, learned counsel for the appellants
submits that present appellant may be extended the benefit of suspension of
sentence and grant of bail.
Per contra, Dr. Gyanani-learned Public Prosecutor opposes the
application while supporting the impugned judgment with submission that
looking to the gravity of offence, no exception can be taken in the matter of
suspension of sentence and grant of bail to present appellant.
Upon hearing learned counsel for the parties, though this Court refrains
Signature Not Verified
fro m commenting upon rival contentions touching merits of the matter but
Signed by: SUNEEL DUBEY
Signing time: 7/18/2023
6:43:29 PM
regard being had to the period of custody suffered by present appellant coupled
with the fact that appeal is of the year 2016 and there is no likelihood of early
haring of the appeal in near future, in the obtaining facts and circumstances, the
application deserves to be allowed.
Accordingly, we allow the application and it is directed that the jail
sentence of appellant No.1-Somta shall remain suspended during pendency of
the present appeal and he be released on bail on his furnishing a personal bond
in the sum of Rs.2,00,000/- (Rupees Two Lacs 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 No.1-Somta is directed to
appear before the Registry of this Court first on 20/09/2023 and on other
subsequent dates as may be fixed in this behalf.
Accordingly, I.A. No.6753 of 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) (SANJEEV S KALGAONKAR)
JUDGE JUDGE
(Dubey)
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 7/18/2023
6:43:29 PM
