Habibunnisha vs The State Of Madhya Pradesh
2024 Latest Caselaw 21274 MP

Madhya Pradesh High Court

Habibunnisha vs The State Of Madhya Pradesh on 6 August, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                            1                               CRA-2601-2022
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                    CRA No. 2601 of 2022

(HABIBUNNISHA Vs THE STATE OF MADHYA PRADESH )

Dated : 06-08-2024 Shri A.K. Singh - Advocate for the appellant.

Shri Nitin Gupta - Government Advocate for the State of M.P.

Heard on I.A. No.7119 of 2023 , which is first application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to the sole appellant arising out of judgment dated 28.02.2022 delivered in

ST/41/2019 by Second Additional Judge, District Rewa, M.P. The appellant has been convicted and sentenced for the offence punishable under Section 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.5000/- with default stipulation.

It is submitted by learned counsel for the appellant that the whole story is unnatural. Two sabbals were found at the place of incident. Only one sabbal was seized. This seizure of two sabbals becomes important in view of defence taken by the appellant in the statement under Section 313 of Cr.P.C., wherein she has stated that her husband was killed by Isreal and

Imran and she was confined in a room of Ranno Begam. It is submitted that the whole prosecution story is improbable. There is no mens rea for causing the incident. PW-2 has admitted that the present appellant used to love deceased Shabbeer.

Ranno Begam (PW-3) in Para-8 of her cross-examination has admitted that at the time of incident Idreesh Khan (PW-1), Imsaf Khan (PW-

2 CRA-2601-2022

5), Dulle Khan (PW-2) and Isreal Khan (PW-4) were not present. When she had called for help, then son of her Jeth and Isreal Khan had come to assist her. She has admitted that the Police had not taken her statement whereas as per Isreal Khan, she had got intimation about the incident from his wife - Killu Nisha. She too has not been examined by the Police. Thus, the whole prosecution story becomes doubtful. One of the accused - Isreal Khan has been made a prosecution witness.

Learned Public Prosecutor for the State opposes the application for suspension of remaining jail sentence and grant of bail on the basis of objection.

There are good chances of success in this appeal. As per the appellant's counsel the prosecution could neither prove the mens rea

nor how a single woman could tie hands and legs of 35 years young man specially when there is no finding of any intoxicant given to the deceased to have control over him. Thus the remaining jail sentence of the appellant may be suspended.

Heard learned counsel for both the parties and perused the record. In the facts and circumstances of the case and bleak chances of final hearing of this appeal in near future, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.7119 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is

3 CRA-2601-2022 directed that appellant - Habibunnisha be released on bail on her furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, District Rewa on 13.12.2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per Rules.

                                (VIVEK AGARWAL)                             (AVANINDRA KUMAR SINGH)
                                     JUDGE                                           JUDGE


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