Santosh Bai vs The State Of Madhya Pradesh
2023 Latest Caselaw 17131 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        CRA No. 43 of 2015
                                               (SANTOSH BAI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 13-10-2023
                                 Shri Manish Kumar Sankhala - Advocate for appellant Santosh Bai

                           W/o Jagdish.
                                 Shri Amit Rawal - Advocate for respondent - State of Madhya Pradesh.

Heard on IA No.9747 of 2022, which is FIRST application under Section 389 (1) of Code of Criminal Procedure, 1973 for suspension of

remaining jail sentence and grant of bail filed on behalf of appellant - Santosh bai w/o Jagdish.

Vide judgment and order dated 06.04.2014 passed by learned Additional Sessions Judge, Khachrod, District Ujjain (M.P.) in Sessions Trial No.214 of 2010, the present appellant has been convicted for offence under Sections 302/34, 120-B and 201 of Indian Penal Code, 1908 as well as under Section 25 (1-B) (b) of Arms Act, 1959 and sentenced to undergo rigorous imprisonment for Life (u/s 302/34 & 120-B) with fine of Rs.5,000/- and three years with fine of Rs.500/- as well as rigorous imprisonment for two years with fine of

Rs.500/- respectively along with default stipulation.

As per prosecution story, the present appellant along with other co- accused persons has committed murder of Jagdish (who was husband of present appellant). The appellant has been convicted on the basis of testimony of son of the deceased, who was minor, at the time of incident.

Learned counsel for the appellant submits that the present appellant is in jail since the date of arrest. She has completed more than thirteen years and five months. The present appeal is of the year 2015 and at the time of final hearing Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 10/13/2023 7:07:42 PM

of this appeal, the appellant would complete his entire conviction. She is first offender.

Learned counsel also submits that jail sentence of co-accused Bhagwanlal (in Criminal Appeal No.1658 of 2014) has already been suspended by this Court vide order dated 09.07.2022; and the present appellant is having complete parity with co-accused Bhagwanlal. Hence, learned counsel prays that the present application be allowed on the ground of parity with co-accused Bhagwanlal, as well.

Learned counsel for the respondent - State opposes the application and prays for its rejection.

Considering the facts and circumstances of the case and arguments advanced by learned counsel for the parties, this Court is of the considered opinion that the application for suspension of custodial sentence moved on behalf of the appellant deserved to be allowed, maintaining parity with co- appellant Bhagwanlal.

Accordingly, maintaining parity, IA No.9747 of 2023 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by appellant - Santosh Bai W/o Jagdish in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, the execution of custodial part of the jail sentence of the appellant shall remain suspended, till the final disposal of this appeal. The present appellant after being enlarged on bail, shall mark his / her presence before the Registry of this Court on 15.12.2023 and on all such subsequent dates as may be fixed by the Registry of this Court in this regard.

Certified copy, as per rules.

Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 10/13/2023 7:07:42 PM

(VIVEK RUSIA) (ANIL VERMA) JUDGE JUDGE rcp

Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 10/13/2023 7:07:42 PM