Madhya Pradesh High Court
Beba Sushila Bai vs The State Of Madhya Pradesh on 27 October, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 11604 of 2023
(BEBA SUSHILA BAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 27-10-2023
Shri Narendra Singh - Advocate for appellants.
Shri Yogesh Dhande - Public Prosecutor for respondent/State.
Heard on I.A.No.22034 of 2023:
2. This is the first application seeking for suspension of sentence and grant of
bail filed on behalf of appellants no.2 and 3, namely, Chhatter Singh Lodhi and
Bohat Singh, who have been convicted for offence under Section 201 of the
Indian Penal Code and sentenced to undergo R.I. for 7 years and fine of
Rs.5000/- with default stipulations vide impugned judgment of conviction and
order of sentence dated 18.08.2023 passed by the Special Judge (POCSO,
Act)/XIth Additional Sessions Judge, District- Jabalpur in
S.T.No.1300448/2014.
3. The case of the prosecution is that on 02.05.2014, one Shushila Bai has
lodged a missing persons report as her daughter-in-law is misplaced. Upon
which, Missing Person No.10/2014 came to be registered and after
investigation, dead body of her daughter-in-law was found in the Hiran river.
Thereafter, a marg was registered upon the information given by one Komal
Singh. Postmortem was conducted. After completion of investigation, prima-
facie, it was found that the mother-in-law has committed the murder of the
deceased. She was arrested and on the basis of her memorandum, the other two
accused persons were arrested. The trial commenced and after conclusion of
the trial, the appellants no.2 and 3/accused have been convicted and sentenced
as mentioned hereinabove.
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 31-Oct-23
12:53:49 PM
4. This application has been filed on the ground that the allegations against
the present appellants are that they made an attempt to destroy the evidence,
therefore, they were convicted for offence under Section 201 of IPC and
sentenced as herein-above which is reflected in paras 54,55 and 56 of the
impugned judgment. They are in custody since 23.05.2014. They were on bail
during trial and never misused the liberty granted by the Court. The main
allegation is against Shushila Bai who is in custody. They are ready to abide by
all the terms and conditions that may be imposed by this Court while
considering their application for suspension of sentence and grant of bail.
5 . Per contra, learned Public Prosecutor has vehemently opposed
application but could not dispute the fact that the applicants have been
convicted for offence under Section 201 of IPC for destroying the evidence.
No allegation of committing murder is against the present appellants. However,
he has prayed for rejection of the application.
6. Considering the overall facts and circumstances of the case and the fact
that the allegation against the present appellants is confined to only destroying
the evidence, this Court deems it appropriate to enlarge the appellants on bail.
7. Accordingly, without expressing any opinion on the merits of the case,
I.A. No.22034 of 2023 is allowed and it is directed that the jail sentence of the
appellants no.2 and 3/accused shall remain under suspension subject to the
verification that the amount of fine is deposited and they be released on bail on
furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand Only) each one
solvent surety each in the like amount to the satisfaction of the trial Court
concerned for their appearance before that Court on 08.01.2024 and thereafter
on such other subsequent dates as may be fixed in that regard.
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 31-Oct-23
12:53:49 PM
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
rk.
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 31-Oct-23
12:53:49 PM
