Madhya Pradesh High Court
Lucky Raj vs The State Of Madhya Pradesh on 4 October, 2023
Author: Anuradha Shukla
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8275 of 2023
(LUCKY RAJ AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 04-10-2023
Shri Madan Singh - Advocate for the appellants.
Shri A. R. Ben - Deputy Government Advocate for the State.
Heard on admission.
The appeal being arguable is admitted for final hearing.
Also heard on I.A No.15333/2023, which is first application under
Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved
on behalf of appellant no.2 Malti Bai.
Appellant no.2 has been convicted for an offence punishable under
Section 304-B of IPC and sentenced to undergo R.I. for 7 years.
Learned counsel for the appellants submits that appellant no.2 is innocent
and has falsely been implicated in the matter. The learned trial Court has erred in
not appreciating the fact that there are material omissions and contradictions in
the versions of the prosecution witnesses. Appellant no.2 is in judicial custody.
She was on bail during trial, but she did not misuse the liberty so granted. He
further submits that there is no evidence available against appellant no.2. There
is no likelihood of hearing of appeal in near future. Hence, it is prayed that the
application for suspension of sentence may be considered.
Learned counsel for the State opposes the application and prays for its
rejection.
Heard learned counsel for the parties, perused the judgment and record
of the court below.
The present application for suspension of sentence moved on behalf of
appellant no.2 namely Malti Bai is under consideration upon which the
arguments from both the sides have been heard. The ground on which the
prayer for suspension of sentence is made is the ill-health of appellant no.2
Malti Bai and for this, documents relating to her treatment, etc. have been filed
on record. State was directed to verify the health status of appellant no.2 and it
is informed vide report dated 31.8.2023 that appellant no.2 is suffering from
number of diseases and most importantly she is suffering from Obstructive
Sleep Apnoea. It is also informed that there are no electric switches in the cell
where the appellant is presently kept. Hence, CPAP Titration Machine will not
help her cause in medical need.
It is informed that currently she is not having any problem in her sleep,
but looking to the fact that her disease has been reported to be severe in nature
and having heard the arguments and on perusal of the record, this Court is of
the considered opinion that till disposal of this appeal, execution of jail sentence
awarded to appellant no.2 under the impugned judgment deserves to be
suspended. Therefore, without commenting on the merits of the case, this
application is allowed on medical grounds.
It is directed that subject to deposit of fine amount, if already not
deposited and on furnishing a personal bond by appellant no.2 in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like
amount to the satisfaction of learned trial Court for her regular appearance
before the concerned trial Court, the execution of custodial part of the
remaining sentence imposed against appellant no.2 shall remain suspended, till
final disposal of this appeal.
Appellant no.2, after being enlarged on bail, shall mark her presence
before the concerned trial Court on 08.12.2023 and on all such subsequent
dates, which are fixed in this regard by the concerned trial Court.
Accordingly, the aforesaid I.A. stands allowed and disposed of.
List for final hearing in due course.
(ANURADHA SHUKLA)
JUDGE
ps
Digitally signed by PRASHANT
SHRIVASTAVA
Date: 2023.10.07 14:26:25 +05'30'
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