Madhya Pradesh High Court
Smt. Somta vs The State Of Madhya Pradesh on 22 September, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 35 of 2016
(SMT. SOMTA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 22-09-2023
Shri Anand Purohit - learned counsel for the appellants.
Shri Nirmal Sharma - learned Public Prosecutor for the respondent-
State.
Heard on I.A. No.16129 of 2023, which is third repeat application under
Section 389(1) of Cr.P.C. moved on behalf of appellant No.2-Chhotelal for
suspension of sentence and grant of bail.
As per the communication received from the office of Superintendent,
Central Jail, Gwalior, appellant No.2-Chhotelal has already suffered jail
incarceration of 8 years, 08 months and 10 days as on 05/09/2023 and with
remission 11 years, 06 months and 17 days.
Appellant No.2- Chhotelal aged about 62 years along with other co-
accused persons stands convicted under Section 302 of IPC and sentenced to
undergo Life Imprisonment with fine of Rs.10,000/- with default stipulation vide
judgment of conviction and order of sentence dated 23/12/2015 passed by
Fourth Additional Sessions Judge, Bhind (M.P.) in S.T. No.362/2014.
Prosecution story, in short, is to the effect that deceased married to co-
accused Gorelal three years preceding to the date of incident i.e. 18/4/2014. She
had 3 months old baby girl. On the fateful day i.e. 18/04/2014, at about 2:00
O'clock in the afternoon, she asked for wheat from the co-accused Somta
which she refused. As a sequel thereto, the deceased is alleged to have felt
offended and enraged and she lied on the floor. The present appellant No.2
father-in-law poured kerosene oil on her and the co-accused Smt. Somta is
alleged to have set her ablaze with a matchstick. On hearing her scream, the
husband Gorelal rushed to the spot and tried to extinguish fire with water. Due
to excessive burning, she died homicidal death. The aforesaid facts are
deducible from her dying declaration (Ex.P.5). On such allegations, FIR was
lodged and investigation was set in motion. The Investigating Officer, after
completion of investigation filed challan. The case was committed to the
Sessions Court for trial. The Sessions Court upon critical evaluation of the
evidence placed on record convicted and sentenced the present appellant along
with other co-accused persons as referred above.
Learned counsel for the appellants while taking exception to the
impugned judgment of conviction and order of sentence made submission
primarily on the count of long period of jail incarceration. As per the
communication received from the office of Superintendent, Central Jail,
Gwalior, appellant No. 2 Chhotelal has already suffered jail incarceration of 8
years, 08 months and 10 days as on 05/09/2023 and with remission 11 years, 06
months and 17 days. Learned counsel for appellant further submits on merits
that father and mother of the deceased have turned hostile and belied the story
of prosecution. Learned counsel for the appellants requests for considering the
parity with co-accused Smt. Somta who has been extended benefit of
suspension of sentence and grant of bail vide order dated 18/07/2023. Appeal
is of the year 2023 and there is no likelihood of early disposal of instant appeal
in the near future. Thus, on the aforesaid grounds, learned counsel for the
appellants submits that present appellant No.2 may be extended the benefit of
suspension of sentence and grant of bail.
Per contra, learned Public Prosecutor opposes the application while
supporting the impugned judgment with submission that looking to the gravity
of offence, no exception can be taken in the matter of suspension of sentence
and grant of bail to present appellant.
Upon hearing learned counsel for the parties, though this Court refrains
fro m commenting upon rival contentions touching merits of the matter but
regard being had to the period of custody suffered by present appellant No.2
coupled with the fact that appeal is of the year 2016 and there is no likelihood of
early haring of the appeal in near future, in the obtaining facts and
circumstances, the application deserves to be allowed.
Accordingly, we allow the application and it is directed that the jail
sentence of appellant No.2 Chhotelal shall remain suspended during
pendency of the present appeal and he be released on bail on his furnishing a
personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one
solvent surety in the like amount to the satisfaction of the trial Court subject to
verification of factum regarding deposit of fine amount. appellant No.2
Chhotelal i s directed to appear before the Registry of this Court first on
23/11/2023 and on other subsequent dates as may be fixed in this behalf.
Accordingly, I.A. No.16129 of 2023 stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (SANJEEV S KALGAONKAR)
JUDGE JUDGE
Prachi
PRACHI MISHRA
2023.09.23
10:16:51 +05'30'
