Bhikam Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7457 MP

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                     CRA No. 578 of 2022
                                      (BHIKAM SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 08-05-2023
                               Shri Atul Gupta- learned counsel for appellant no.3 Pushpa Bai.

                               Smt. Padmshri Agrawal, learned counsel for the respondent- State.

Heard on I.A.No.5981 of 2023, which is the third application u/S 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant no.3 Smt. Pushpa Bai. Earlier two suspension applications were dismissed as withdrawn.

Vide judgment dated 30-12-2021 passed by First Additional Sessions Judge, Ganjbasoda, District Vidisha, the present appellant has been convicted under Section 304-B of IPC and sentenced to undergo 10 years RI with fine of Rs.2,000/- and she has been further convicted under Section 4 of Dowry Prohibition Act and sentenced to undergo one year RI with fine of Rs.1,000/- with default stipulation. Both sentences have been directed to run concurrently.

It is submitted by Shri Gupta, learned counsel that there are no eye- witnesses to alleged incident and case rests on circumstantial evidence. The trial Court has committed an error in convicting the present appellant without

properly appreciating prosecution evidence. It is further submitted that no postmortem of deceased was conducted and there is an admission by mother of deceased in para 10 of her statement that prior to death of deceased the deceased was ill and some treatment was going on. The present appellant being a lady aged about 50 years. She was in custody for about four days during trial and is in custody from the date of passing of impugned judgment. Fine amount has already been deposited by appellant. Hence, prayer for suspension of Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/9/2023 10:32:04 AM

sentence has been made.

Learned Counsel for the State opposed suspension application and prayed for its rejection.

Considering the aforesaid facts and circumstances of the case, but without commenting upon merits of the case, IA is allowed and it is directed that jail sentence of appellant no.3 Smt. Pushpa Bai will remain under suspension subject to verification that amount of fine has been deposited, on appellant's a furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for appearance before the Principal Registrar of this

Court on 20th November, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/9/2023 10:32:04 AM