Tejubai vs State Of Madhya Pradesh
2024 Latest Caselaw 27724 MP

Madhya Pradesh High Court

Tejubai vs State Of Madhya Pradesh on 3 October, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                                 1                                CRA-5994-2024
                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT INDORE
                                                         CRA No. 5994 of 2024
                                               (TEJUBAI AND OTHERS Vs STATE OF MADHYA PRADESH )



                           Dated : 03-10-2024
                                 Ms. Sharmila Sharma, learned counsel for the appellants.
                                 Shri     Bhuwan     Gautam,     learned    Government     Advocate    for   the
                           respondent/State.

Heard on the question of admission.

Appeal is admitted for hearing.

Also heard on I.A.No.11516/2024 which is first application for suspension of sentence and grant of bail filed on behalf of the appellant no.2-Reenabai.

2. The appellant has been convicted for the offence punishable under Sections 147,148,342/149,302/149 of IPC and sentenced to undergo 2 Years R.I., 3 Years R.I.,1 Year R.I. and Life imprisonment with fine of Rs.500/-,Rs,500/-, Rs.500/- and Rs.1,000/- with default stipulation vide judgment dated 25.04.2024 passed by Additional Sessions Judge, Tarana, district Ujjain in S.T.No.04/2018.

3. The allegation against the appellant is that she along with other family members of the appellants tied Nageshwar with rope and thereafter assaulted by kicks and fists. The allegations against other accused persons are that they

assaulted the deceased by chain as well as stick.

4. Learned counsel for the appellant submits that the appellant is a widow and have minor children and she has been implicated along with the other family members. She was on bail during trial. Final hearing of this appeal will take considerable long time, hence, prays for grant of suspension to the appellant.

5. Per contra, learned GA for the respondent/State opposes the application

2 CRA-5994-2024 for suspension of sentence and prays for its rejection.

6. Considering all the facts and circumstances of the case, submissions made by learned counsel for both the parties, also taking note of the fact that the deceased sustained 14 injuries, but injury no.14 caused the death of the deceased rest of the injuries are superficial injuries caused by hard and blunt object and final hearing of this appeal will take considerable long time, we deem it proper to suspend the remaining jail sentence of the appellant.

7. Accordingly, IA No.11516/2024 is allowed and the execution of remaining jail sentence of the appellant is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail on her depositing the fine amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.50,000/- 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 09.12.2024 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

I.A.No.11516/2024 stands disposed of.

                                      (VIVEK RUSIA)                              (BINOD KUMAR DWIVEDI)
                                          JUDGE                                          JUDGE


                           RJ