Madhya Pradesh High Court
Jahid Ali vs The State Of Madhya Pradesh on 28 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 154 of 2015
(JAHID ALI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 28-02-2024
Shri Sushil Goswami- Advocate for the appellants.
Shri P.S. Raghuvanshi - Public Prosecutor for respondent/State.
Heard on IA.2874 of 2024, third repeat application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant No.2- Najma Bi.
Present appellant stood convicted under Section 302 read with Section
34 IPC and sentenced to undergo imprisonment for life with a fine of Rs.2,000/-
default stipulation vide judgment of conviction and order of sentence dated
06.02.2015 passed by Additional Judge to the Court of Additional Sessions
Judge, Sironj, District Vidisha (M.P.) in Sessions Trial No.25/2013.
The present appellant so far has undergone actual incarceration of almost
10 years, as transpired during the course of hearing.
As per prosecution story, according to FIR (Ex.P-14), enquiry was made
by Head Constable Premnarayan Sharma on the basis of information received
from Lateri Hospital and written in the Rojnamcha Sanha No.983 in which it
was found that accused including present appellant used to demand dowry
from Shahina Bi (for brevity "deceased"). On 20.07.2012, at about 03-04 pm,
amongst co-accused, Jahid (father-in-law) got away first her infant child and
then brought bottle of kerosene and sprinkled it on the deceased. Thereafter,
sister-in-law Haseen and mother-in-law Najma (present appellant) caught hold of
her in the room and then brother-in-law Sanu tried to set her ablaze. Deceased
was rushed to the Lateri Hospital where during treatment her dying declaration
wa s recorded and then she was referred to Bhopal where also her dying
declaration was recorded by Naib Tahsildar. During treatment, deceased died
on 03.08.2012 at LBS Hospital, Bhopal. After registration of FIR, investigation
was set in motion. Upon completion of investigation including recording of
statements, collection of evidence and necessary formalities, challan was filed
before the JMFC, Lateri, District Vidisha (M.P.) from where the case was
committed to the Sessions Court. The Sessions Court, on appreciation of
evidence placed on record, convicted and sentenced the present appellant, as
aforesaid.
Learned counsel for appellants while taking exception to the impugned
judgment of conviction and order of sentence submits that the present appellant
has falsely been implicated. However, he has confined his argument to the
extent of long incarceration suffered by the present appellant i.e. almost 10
years and co-accused/appellant No.1 Jahid Ali has already been extended the
benefit of suspension of sentence and grant of bail, vide order dated
19.01.2024, who had suffered actual incarceration of 11 years, 01 month and 03
days. It is further submitted that the appeal being of 2015 is not likely to be
decided early in the near future. On these grounds, learned counsel submits that
the present appellant may be extended the benefit of suspension of sentence
and grant of bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant.
Upon hearing learned counsel for the parties, though this Court is not
inclined to extend the benefit of suspension of sentence and grant of bail to the
present appellant on merits, however, regard being had to the only fact that
present appellant so far has undergone incarceration of almost 10 years and the
appeal which is of the year 2015 is not likely to be decided in the near future, we
are of the view that present appellant is entitled to the benefit of suspension of
sentence and grant of bail.
Accordingly, IA.2874 of 2024 stands allowed and it is directed that the
jail sentence of present appellant shall remain suspended during pendency of the
present appeal and she shall be released on bail subject to verification of the
factum of depositing the fine amount and on her 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.
Appellant No.2-Najma Bi is directed to appear before the Registry of this
Court first on 29.05.2024 and on other subsequent dates as may be fixed in this
behalf.
Accordingly, the said IA 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) (MILIND RAMESH PHADKE)
JUDGE JUDGE
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