Fugriya vs The State Of Madhya Pradesh
2023 Latest Caselaw 9304 MP

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           IN THE HIGH COURT OF MADHYA PRADESH
                         AT INDORE

                              CRA No. 2495 of 2019
                  (FUGRIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)



Dated : 21.06.2023

      Shri Vivek Singh- Advocate for the appellant.
      Shri K. K. Tiwari - Government Advocate for the respondent/State.

Heard on I.A. No.4682/2022, which is the first application for suspension of sentence and grant of bail filed on behalf of the appellant No.4- Navsibai.

(2) The appellant has been convicted by the 2 nd Additional Sessions Judge, Sendhwa, District-Barwani in S.T. No.156/2015 vide judgment dated 23.02.2019 and sentenced as under:-

Conviction u/S. Sentence Awarded Fine In default of payment of fine 302/34 of IPC R.I. for Life Rs.1000/- 3 months additional R.I. (two counts)

(3) As per the prosecution story, the appellant with other accused persons

- Fugriya and Bihari killed the deceased Supariya and other accused persons killed Shivji with Lathi and stones.

(4) Learned counsel for the appellant submits that the trial court has not properly appreciated the evidence and there are so many contradictions and omissions in the prosecution evidence which are not corroborated by the medical evidence. The appellant is in custody since 26.09.2015 and now she is 60 years old and final hearing of the appeal will take a long time and

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looking to the period of sentence which the appellant has suffered so far, the application for suspension of sentence be allowed. (5) Learned counsel for the respondent/State opposed the prayer for grant of bail.

(6) Heard the learned counsel for the parties and perused the record. (7) Considering the facts and circumstances of the case and after perusal of the record it is found that PW-2 has stated that the appellant- Navsibai caused injury by stone on the chest of Superiya and PW-3 has stated that the appellant-Navsibai caused injury on Superiya with Lakdi and PW-9 doctor found sharp injury on the head, hence, keeping in view the statements of the witnesses and also keeping in view the period of custody, we are of the opinion that the appellant No.4-Navsibai deserves to be released on bail. Accordingly I.A. No.4682/2022 is allowed.

(8) It is, therefore, directed that if the appellant No.4 - Navsibai deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) with a solvent surety in the like amount to the satisfaction of the trial Court for her appearance before the Registry of this Court on 9th October, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to her shall remain suspended till further orders and she shall be released on bail.

List the appeal for final hearing as per its turn.

            (S. A. DHARMADHIKARI )                                      (HIRDESH)
                JUDGE                                                     JUDGE
   N.R.


Digitally signed by NARENDRA KUMAR
RAIPURIA
Date: 2023.06.22 15:11:32 +05'30'