Smt. Rewati Bai vs The State Of Madhya Pradesh
2023 Latest Caselaw 4262 MP

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRA No. 3230 of 2015
                                         (SMT. REWATI BAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-03-2023
                                 Shri Ghanshyam Pandey - Advocate for the appellant.

                                 Shri Akhilendra Singh - Government Advocate for the respondent/State.

Heard on I.A.No.1552/2022, which is the fourth repeat application for suspension of sentence and grant of bail filed under Section 389 of the Cr.P.C. on behalf of sole appellant No. 3 Smt. Kusumbai.

T h e appellant has filed this Criminal Appeal being aggrieved by the judgment of conviction and sentence dated 28.11.2015 passed by Additional Sessions Judge, Special Court No. 8, Electricity Act, 2003, Jabalpur in ST No.324/2012, whereby the appellant has been convicted under Sections 302 and 302 r/w Section 34 of the IPC and sentenced to undergo R.I. for Life with fine of Rs.1,000/- and R.I. for Life with fine of Rs.1,000/- respectively with default stipulation.

Learned counsel for the appellant No. 3 submits that no previous application was decided on merits. That as per the prosecution story on

30.8.2011, this appellant along with co-accused persons pored kerosene and set the deceased ablaze. This Court on 10.11.2017 granted benefit of suspension of sentence to appellant No. 2 Halli Bai. The sole reason for granting said benefit was that dying declaration was recorded on 30.8.2011 but investigation set in motion pursuant to F.I.R which was lodged on 12.3.2012. The deceased breathed her last on 31.8.2011. In absence of explanation for delay in lodging F.I.R, the Court without expressing any conclusive opinion on merits suspended the remaining jail sentence of Halli Bai. But this appellant remained in Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 3/20/2023 1:07:29 PM

custody during trial for 1 year 10 months thereafter from 28th November, 2015 she is in custody. The final hearing of this appeal is not possible in near future. For the same reason Halli Bai got bail and considering period of custody, similar treatment may be given.

Shri Akhilendra Singh, Govt. Advocate opposed the prayer on the basis of objection.

We have heard the parties.

Considering the aforesaid factual backdrop, i.e., suspension of sentence of appellant No. 2 and period of custody we deem it proper to suspend the remaining jail sentence of the appellant No. 3 Kusum Bai. Accordingly, I.A

No.1552/2020 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant @ Kusum Bai is hereby suspended and it is directed that the appellant be released on bail on her furnishing a personal bond for a sum of Rs.40,000/- (Rupees Forty Thousand only) with one solvent surety of the like amount to the satisfaction of the Trial Court with a further direction to appear before the Trial Court, Jabalpur o n 09/05/2023 and also on such other dates as may be fixed by the Trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                             (SUJOY PAUL)                                           (SMT. ANJULI PALO)
                                JUDGE                                                     JUDGE

                          vivek




Signature Not Verified
Signed by: VIVEK KUMAR
TRIPATHI
Signing time: 3/20/2023
1:07:29 PM