Smt. Bhagwati @ Baggo vs The State Of Madhya Pradesh
2024 Latest Caselaw 15710 MP

Madhya Pradesh High Court

Smt. Bhagwati @ Baggo vs The State Of Madhya Pradesh on 27 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                       CRA No. 9598 of 2018
                                         (SMT. BHAGWATI @ BAGGO Vs THE STATE OF MADHYA PRADESH)

                          Dated : 27-05-2024
                                Shri Arun Kumar Barua, learned counsel for the appellant.

                                Shri Rajesh Shukla-AAG for the respondent/State.

Heard on I.A.No.4866/2024 which is fourth repeat application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence moved on behalf of sole appellant- Smt. Bhagwati alias Baggo.

Present appellant stands convicted under Section 302 of IPC and sentenced to suffer R.I. for Life Imprisonment with a fine of Rs.2,000/- with default stipulations vide judgment dated 21/08/2018 passed in S.T.No. 366/2015 by Additional Sessions Judge, Special Court No.3(Electricity Act) Gwalior (M.P.).

The case of the prosecution is that appellant herein was a member of unlawful assembly of five persons who had assaulted and caused the death of the deceased. Undisputedly, the fatal injuries are the injuries which are inflicted on the head resulting in the fracture of parietal, occipital and the temporal bones

causing consequent fatal damage to the brain. These injuries are injury no. 1 and

2. Appellant's role is limited to assaulting the deceased with a stick.

Learned counsel for the appellant submits that appellant is an innocent person and has been falsely implicated in this matter. There is recovery of baseball bat from the present appellant as well as co-accused Dinesh. In the baseball bat recovered from Dinesh, blood stains were found; whereas, in the baseball bat recovered from present appellant, no blood stains were found. It is further submitted that present appellant is a lady, aged about 65 years and has

already suffered incarceration for more than 6 years. It is further submitted that similarly placed co-accused Heera alias Mukesh & Vikas alias Akash alias Bhura have already been granted suspension of sentence vide orders dated 16/01/2020 & 01/02/2023 passed in connected Cr.A. No.8077/2018 & Cr.A. No.7872/2018. That apart, since present appeal is of the year 2018, final disposal of the appeal will take long time. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

P er contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection by

submitting that the trial Court after due consideration of the evidence available on record, convicted the appellant. Hence, he is not entitled to grant benefit of suspension of sentence.

Keeping in view the aforesaid facts and circumstances, the jail sentence of p res ent ap p ellant deserves to be suspended. Accordingly, I.A. No.4866/2024 is hereby allowed and the execution of jail sentence of present appellant- Smt. Bhagwati alias Baggo is hereby suspended and it is ordered that the appellant be released on bail subject to depositing of fine amount, if already not deposited, and on his furnishing a personal bond in the sum of Rs.50,000/-(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 Registry of this Court on 20/09/2024 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

List this matter for final hearing in due course.

                                Certified copy as per rules







                             (VIVEK RUSIA)       (RAJENDRA KUMAR VANI)
                                 JUDGE                   JUDGE

                          (Dubey)