Madhya Pradesh High Court

Sharda Gaur vs The State Of Madhya Pradesh on 3 May, 2024

Author: Chief Justice

Bench: Chief Justice

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 4126 of 2023
                                            (SHARDA GAUR Vs THE STATE OF MADHYA PRADESH)

                         Dated : 03-05-2024
                               Shri Shankar Dayal Mishra - Advocate for appellant.

                               Shri Anubhav Jain - Public Prosecutor for respondent/State.

Heard on I.A. No.19375 of 2023.

This is the first application for suspension of sentence and grant of bail on behalf of appellant/accused No.2 Sharda Gaur who has been convicted

under Section 120-B of Indian Penal Code and sentenced to undergo Life Imprisonment and Fine of Rs.5000/- with default stipulation vid e impugned judgment of conviction and order of sentence dated 29.10.2022 passed by the Sessions Judge, Sehore in Sessions Trial No.248 of 2021.

The entire case of the prosecution is based upon circumstantial evidence. The learned Public Prosecutor submits that the recovery of an axe has been made from the accused Nos.1 and 3 which indicates that there is human blood on the axe. But, however, the medical record does not indicate that there was any matching of the blood to that of the deceased. The further submission of

the Public Prosecutor is that when the police entered the room of the accused No.3 Hirdesh, he ran away. So that itself is a circumstance to prove that he is guilty. The call record would indicate that all the three accused were in conversation with one another. Prima facie, that by itself would not lead to a conviction under Section 302 of the IPC. However, these are all matters to be considered at the stage of final hearing of the appeal. For the present, we do not find any direct evidence that would implicate the accused. Hence, for all these reasons, I.A. No.19375 of 2023 is allowed.

Appellant/accused No.2 Sharda Gaur is directed to be enlarged on bail subject to he depositing the fine amount and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial Court/concerned Court on 02.09.2024 and thereafter on such other subsequent dates as may be fixed in that behalf.

                               (RAVI MALIMATH)                                       (VISHAL MISHRA)
                                 CHIEF JUSTICE                                            JUDGE

                         SSL