Madhya Pradesh High Court
Karan @ Ramkaran Sahu vs The State Of Madhya Pradesh on 12 February, 2024
Author: Sujoy Paul
Bench: Sujoy Paul
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2045 of 2021
(KARAN @ RAMKARAN SAHU AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 12-02-2024
Shri Sanjay Kumar Patel - Advocate for the appellant No.2.
Shri Arvind Singh - Government Advocate for the State.
Heard on I.A. No.19565 of 2023, an application under Section 389(1)
of the Cr.P.C for suspension of sentence and grant of bail to appellant No.2 -
Smt. Shobha arising out of judgment dated 27.02.2021 delivered in S.T.
No.65/2019 passed by First Additional Sessions Judge, Panna (MP).
The appellant No.2 - Smt. Shobha has been convicted under Sections
302/34 and 201 of the I.P.C. and sentenced to undergo Life Imprisonment with
fine of Rs.500/- and R.I. for three years with fine of Rs.500/- respectively, with
default stipulations.
Learned counsel for the appellant No.2 while pressing the application for
suspension of remaining jail sentence of the appellant No.2 submits that as per
prosecution version the allegation is that the present appellant No.2 along with
her husband (appellant No.1) and appellant No.3 (her sister) are alleged to have
committed culpable homicide amounting to murder of husband of appellant
No.3.
Learned counsel for the appellant submits that the conviction is based on
deposition of child witness PW-6, who is daughter of deceased and appellant
No.3. It is argued that looking to deposition of PW-6, there are no ingredients
of Section 302 of I.P.C. against the present appellant No.2 and at the most, the
ingredients may amount to offence under Section 201 of I.P.C. It is further
argued that the appellant No.2 is a lady and has a son aged about five years. By
placing reliance to document Annexure D-1 filed along with I.A.
No.19565/2023, it is submitted that the said five years old son of appellant No.2
is also forced to reside in jail along with the appellant No.2. It is further
submitted that apart from all other factors, it would in the welfare of her five
years old child that the benefit of suspension of sentence is granted to the
present appellant No.2. It is also stated that the appeal is of the year 2021 and
final hearing of this appeal is not possible in near future. Thus, remaining jail
sentence of the present appellant No.2 may be suspended.
Learned Government Counsel for the State opposed the prayer on the
basis of objection.
Considering the aforesaid factual aspect and taking into account that the
appellant No.2 is a woman and has to care for five years old child and without
expressing any conclusive opinion on the merits of the case, we deem it proper
to suspend the remaining jail sentence of this appellant No.2.
Accordingly, I.A. No.19565 of 2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of this appellant No.2 is hereby suspended and it is
directed that the appellant No.2 - Smt. Shobha be released on bail on her
furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty
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 Panna on 15.04.2024 and also on such further dates as may be fixed
by the trial Court in this regard during the pendency of this appeal.
Certified copy as per rules.
(SUJOY PAUL) (VIVEK JAIN)
JUDGE JUDGE
rj
