Reeta Singh Sengar vs The State Of Madhya Pradesh
2023 Latest Caselaw 5260 MP

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 2167 of 2021
                                     (REETA SINGH SENGAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 29-03-2023
                                 Shri Prabhat Kumar Singh - Advocate for the appellant.

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

Heard on I.A No. 5158 of 2021, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.1 Reeta Singh Sengar arising out of judgment dated 27.02.2021 delivered in

S.T. No. 120 / 2019, by IInd Additional Sessions Judge, Mauganj, District - Rewa (M.P.).

The appellant has been convicted under Section 302 read with Section 34 of I.P.C. and sentenced to undergo life imprisonment with fine of Rs.500/-, und er Section 323 of I.P.C.( for assaulting Kaushalya) and sentenced to undergo rigorous imprisonment for six months with fine of Rs.500/- and under Section 323 of I.P.C.( for assaulting Jyoti Singh) and sentenced to undergo rigorous imprisonment for six months with fine of Rs.500/- with default stipulation.

As per prosecution case on 26.12.2018 complainant Kaushalya lodged a report in Police Station Naigarhi that her husband was assaulted by the accused persons. Her husband succumbed to injuries on the next day. Learned counsel for the appellant by taking this Court to the prosecution story and statements of complainant Kaushalya (PW-1) and Jyoti Singh (PW-2) submits that as per their testimony, the appellant allegedly assaulted Jyoti Singh and both the eyewitnesses did not depose that appellant played any overt act, so far assault on deceased is concerned. Incident had taken place suddenly and there was no Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 3/29/2023 5:03:28 PM

pre-meditation or planning for the same. Thus, Section 302 and 34 of IPC are not attracted. Appellant is a woman aged about 43 years. Final hearing of appeal will take time. Thus, the remaining jail sentence of appellant may be suspended.

Shri Arvind Singh, learned Government counsel opposed the prayer on the basis of objection.

Considering the aforesaid factual backdrop, without expressing any opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant No.1 Reeta Singh Sengar Accordingly, I.A.No.5158 of 2021 is allowed.

Subject to depositing the fine amount (if not already deposited), the

remaining jail sentence of the appellant No.1 Reeta Singh Sengar is hereby suspended and it is directed that on furnishing a personal bond for a sum o f Rs.30,000/- (Rupees Thirty Thousand Only) along with one solvent surety in the like amount to the satisfaction of the trial Court, appellant No.1 Reeta Singh Sengar be released on bail with a further direction to remain present before the Trial Court, Mauganj, Distt. Rewa on 9th May, 2023 and 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)                                (AMAR NATH (KESHARWANI))
                                JUDGE                                             JUDGE

                          sarathe




Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 3/29/2023
5:03:28 PM