Dinesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 17010 MP

                                     1
                IN THE HIGH COURT OF MADHYA PRADESH
                              AT INDORE
                              CRA No. 121 of 2022
                  (DINESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 12-10-2023
       None for the appellant.

       Shri Kushal Goyal, learned Deputy Advocate General for the
respondent / State.

01. I.A. No.15205/2023 is a repeat (second) application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence

and grant of bail filed on behalf of appellant No.2 - Heera Bai W/o Dinesh Patidar.

02. The present appellant has been convicted for the offences punishable under Sections 306 & 498-A of the Indian Penal Code and sentenced to undergo 05 years' rigorous imprisonment along with fine of Rs.25,000/- and 01 year's rigorous imprisonment along with fine of Rs.5,000/- with default stipulations.

03. As per prosecution story, the marriage of appellant No.1 and deceased solemnized in the year 2005, therefore, she gave birth to two female

children, Gauri in the year 2012 and Ishika in the year 2014. She was tortured by way of taunting that she is unable to deliver male child. On 03.07.2016, she gave poisonous substance to both the girls and consumed herself. Thereafter, condition of all of them become serious and they were taken to the hospital. Out of them, mother - Rekha Bai and Gauri died. The parents of Rekha Bai made allegations that she was tortured by the mother-in-law for not delivering a male child, hence, she consumed poison. After undergoing the entire trial, vide judgment of conviction and sentence dated 23.12.2021, all the appellants were

convicted for the aforementioned offences. Appellant No.1 - husband was convicted under Section 306 of the IPC and sentenced to undergo 07 years' rigorous imprisonment along with fine of Rs.60,000/- and appellants No.2 & 3 - father-in-law and mother-in-law were convicted under Section 306 of the IPC and sentenced to undergo 05 years' rigorous imprisonment. Apart from this, under Section 498-A of the IPC all of them were convicted and sentenced to undergo 01 year's rigorous imprisonment along with fine of Rs.5,000/- with default stipulation.

04. It has been stated in the application that there are omnibus oral allegations against the present appellant. The deceased had already delivered

two children in the year 2012 and 2014. This appellant was on bail during the trial and never misused the liberty granted to her. This is an appeal of 2022 and final hearing of the same is not possible in near future. Hence, remaining jail sentence of this appellant may be suspended.

05. Learned Government Advocate for the respondent / State opposes the application.

06. Considering the facts and circumstances of the case and the fact that this appellant has to look after the minor daughter of the deceased, I deem it proper to suspend the remaining jail sentence of this appellant. Accordingly, I.A. No.15205/2023 stands allowed.

07. The execution of remaining jail sentence of appellant No.2 - Heera Bai W/o Dinesh Patidar is hereby suspended and it is ordered that she be released on bail upon her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to depositing the fine amount (if not

already deposited) with a further direction to appear before the Registry of this Court on 19.12.2023 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of the appeal.

The present appeal has already been admitted.

List the same for final hearing in due course.

Certified copy, as per Rules.

(VIVEK RUSIA) JUDGE

Ravi Digitally signed by RAVI PRAKASH Date: 2023.10.13 10:42:08 +05'30'