Madhya Pradesh High Court
Seema vs The State Of Madhya Pradesh on 13 October, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 6933 of 2023
(SEEMA Vs THE STATE OF MADHYA PRADESH)
Dated : 13-10-2023
Shri Manish Yadav - learned counsel for the appellant.
Shri K.K. Tiwari - learned Govt. Advocate for the respondent/State.
Heard on I.A. No.7610/2023, which is first application filed under
Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail
moved on behalf of appellant - Seema W/o Late Shri Mukesh Chouhan.
2. Learned trial Court has convicted the appellant u/S 302 , 120-B of IPC
and sentenced her to undergo Life Imprisonment with fine of Rs. 10,000/- with
default stipulation vide judgement of conviction and order of sentence dated
17.05.2023 passed by 29th Additional Sessions Judge, District Indore (M.P.)
in S.T. No.1100796/2014.
3. The prosecution story found to be proved is that on 10.07.2014, the
Station Master of Laxmi Bai Railway Station, Indore informed that body of an
unknown person is lying on the railway track after being ran over by the train at
about 6:45 a.m. On the basis of aforesaid, case was registered.
4 . Learned counsel for the appellant submitted that appellant is a lady
aged 37 years and has been falsely implicated in the case. The appellant is the
wife of deceased Mukesh Chouhan. She has been implicated in the offence on
the basis of memorandum of Section 27 of the Evidence Act of Jogeshwar and
the call details. No other piece of evidence is available against the appellant. The
illicit relation of appellant with the co-accused Mukesh S/O Ramkaran Jigar has
not been proved. She has been convicted with the aid of Section 120-B of IPC
whereas nowhere it is stated that both of them had hatched the criminal
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 10/16/2023
6:31:33 PM
conspiracy. Appeal is of the year 2023 and, therefore, final hearing of this
appeal is not possible in near future. Hence, it is prayed that the remaining jail
sentence of the appellant may be suspended and he may be released on bail.
5 . On the other hand, learned Government Advocate for the
respondent/State has supported the impugned judgment and submitted that
Manoj (PW-1) - brother of deceased and Babulal(PW-2) have stated that the
appellant Seema and Mukesh S/o Ram Karan Jigar have illicit relations.
6. We have heard learned counsel for both the parties and perused the
record.
7. Considering all the facts and circumstances of the case coupled with
the fact that final hearing of the appeal will take long time in near future, without
commenting on the merits of the case, we are of the opinion that the jail
sentence of appellant is liable to be suspended.
8 . Accordingly, I.A.No.7610/2023 is allowed and it is directed that
subject to deposit of fine amount, if not already deposited, and on furnishing
personal bond 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,
the execution of remaining custodial part of the sentence of the appellant -
Seema W/o Mukesh Chouhan shall remain suspended, till final disposal of
this appeal. The appellant after being enlarged on bail shall mark her presence
before the trial Court on 22/12/2023 and thereafter on all such subsequent
dates, as may be fixed in this behalf.
9. IA No.7610/2023 stands disposed off. I.A. No. 7612/2023, an
application for urgent hearing also stands disposed off.
List the appeal for final hearing as per its turn.
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 10/16/2023
6:31:33 PM
Certified copy as per rules.
(S. A. DHARMADHIKARI) (PRANAY VERMA)
JUDGE JUDGE
sh
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 10/16/2023
6:31:33 PM
