Ramveer vs The State Of Madhya Pradesh
2023 Latest Caselaw 7510 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                           CRA No. 4674 of 2022
               (RAMVEER AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 09-05-2023
      Shri Amit Goswami, learned counsel for the appellants.

      Smt.Padmashri Agrawal, learned Panel Lawyer for the respondent/State.

Heard on IA. No.7088 of 2023, which is first application under Section 389 (1) of Cr.P.C. seeking suspension of sentence and grant of bail moved on behalf of appellant No.3 Kamla Bai.

Appellant No.3 Kamla Bai stood convicted under Section 302 read with

Section 34 IPC on four counts and sentenced to undergo imprisonment for life with a fine of Rs.1,000/- in each count, under Section 307 read with Section 34 IPC and sentenced to undergo imprisonment for life with a fine of Rs.1,000 and under Section 436 read with Section 34 IPC and sentenced to undergo RI for five years with a fine of Rs.1,000/- with default stipulations vide judgment of conviction and order of sentence dated 29.01.2022 passed by the IV Additional Sessions Judge, Shivpuri (M.P.) in Sessions Trial No.01/2017.

A s per prosecution story, deceased Laxmi was married to Ramlakhan Rathore S/o Keshav Rathore about two years prior to the date of incident. An

FIR was lodged at about 06:15 pm on 16.04.2015 by complainant Rameshwar Rathore with allegations that his sister deceased Laxmi married to Ramlakhan Rathore suffered humiliation and embarrassment at the hands of main accused Ramveer, elder brother of her husband who always had an ill-intention against the deceased. When the complainant was sleeping with wife on the previous night in the adjacent room his sister Laxmi, brother Mahesh, father Jagdish, mother Geeta, younger sister Saraswati were fast asleep. He heard the shouting

of main accused Ramveer at about 02:30 am. He had a complaint that Laxmi, daughter in law, for no reason or rhyme, was not being sent back to the in-laws house. Enraged with such reason, a peculiar hostility was developed. It is further alleged that the accused persons including co-accused Ramveer Rathore sprinkled petrol from the window of the room where the aforesaid family members of the complainant were fast asleep and set them ablaze. On raising alarm and hearing screams of persons so burnt, neighbours Virendra Raghuvanshi, Pappu Prajapati and Vishnu Bhatt came at the spot. They managed to extinguish fire but his parents, brother and sisters had suffered serious burn injuries on account of misdeed of co-accused Ramveer. All the

four persons, namely, Laxmi, Mahesh, Geeta and Saraswati died homicidal death. On the basis of aforesaid allegations, the FIR was registered. Upon collection of material from the spot and recording of statements of witnesses under Section 161 of Cr.P.C., challan was filed before CJM, Shivpuri wherefrom the case was committed to the Sessions Court for trial. The Sessions Court, upon critical evaluation of the evidence available on record and recording of statements, convicted and sentenced the present appellant along with other co-accused persons, as referred above.

Learned counsel for appellants while taking exception to the impugned judgment submits that the trial court did not appreciate the allegations made against the accused persons in proper perspective. They were omnibus in nature. There is no overt act much less specific act attributed to any of the accused persons, as alleged. Appellant No.3 is innocent and has no criminal antecedents. She has suffered incarceration from the date of judgment i.e. 29.01.2022, however, during trial she was on bail and did not misuse the liberty so granted. Similarly situated co-convict Mamta Bai has already been granted

benefit of suspension of sentence vide order dt.23.02.2023 passed in Criminal Appeal No.2014 of 2022 and the present appellant deserves parity in treatment. The appeal is of the year 2022 and there is no likelihood of early hearing of this appeal in the near future. Hence, learned counsel for the appellant prays for suspension of sentence and grant of bail on behalf of appellant.

Per contra, Smt. Padmashri Agrawal, learned Panel Lawyer while supporting the judgment impugned, submits that prosecution has successfully proved the complicity of the appellant in the alleged crime. The main accused Ramveer Rathore along with other members of the family virtually invaded the house of the deceased where after pouring petrol the entire room was set at ablaze. All the four persons died of burn injuries, therefore it is a heinous crime. Therefore, complicity of the appellant cannot be ruled out while taking into consideration the matter on suspension of sentence and grant of bail.

Upon hearing learned counsel for the parties, though this Court refrains from commenting on rival contentions touching merits of the case, but regard being had to the fact that appellant is a lady aged about 56 years with no criminal antecedents; she has suffered incarceration of about 13 months in the fitness of things, we consider it appropriate to extend the benefit of suspension of sentence and grant of bail to the present appellant.

Accordingly, it is directed that the jail sentence of appellant No.3 Kamla

Bai shall remain suspended during pendency of present appeal and she shall be released on bail on her 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. Appellant No.3 Kamla Bai is directed to appear before the Registry of this Court first on 12th July 2023 and on other

subsequent dates as may be fixed in this behalf with following further conditions:-

(i) Appellant No.3 Kamla Bai will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(ii) The concerned Jail Authorities are directed that before releasing Appellant No.3 Kamla Bai, her medical examination be conducted through t h e jail doctor and if it is prima facie found that she is having any symptom of COVID-19 then the consequential follow up action including t h e isolation/quarantine or any further test required be undertaken immediately;

(iii) On violation of the conditions, State is free to apply for cancellation of bail.

Accordingly, the I.A. stands allowed and disposed of.

Observations on facts, if any, are only for the purpose of disposal of the instant application for suspension of sentence and shall have no bearing on the merits of the appeal.

Certified copy as per rules.

       (ROHIT ARYA)                                     (MILIND RAMESH PHADKE)
          JUDGE                                                  JUDGE
  SP

SANJEEV
KUMAR PHANSE
2023.05.10
11:59:02 +05'30'