Madhya Pradesh High Court
Kala Bai vs The State Of Madhya Pradesh on 3 October, 2024
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-7527-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 7527 of 2024
(KALA BAI AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 03-10-2024
Shri S.S. Gautam - Advocate for the appellant.
Shri Deependra Singh Kushwaha - Additional Advocate General for the
respondent/State.
1. Heard on I.A.No.12901 of 2024 , first application under Section 389(1) of
Cr.P.C. for suspension of jail sentence and grant of bail on behalf of appellant -
Kala Bai.
2. This criminal appeal assails the judgment dated 24-05-2024 passed in
S.T.No.42/2021 by the Third Additional Judge, Ashok Nagar to the Court of
Additional Sessions Judge, Ashoknagar whereby appellant has been convicted
under Section 302/34 of IPC and sentenced to undergo life imprisonment with
fine of Rs.1000/- and Section 201 of IPC and sentenced to undergo three years RI
with fine of Rs.500/- with default stipulation.
3. It is the submission of learned counsel for the appellant that trial Court erred
in convicting and awarding jail sentence to appellant. Case was of circumstantial
evidence. No prosecution witness including family members of the deceased
supported the story of prosecution and declared hostile. No cogent motive was
found for appellant to commit such an offence and the same has not been
established by the prosecution which is otherwise necessary in case of
circumstantial evidence. After 10 days the scarf was recovered from the
possession of the appellant and even the axe when recovered from the
possession of the appellant by the police officer does not bear blood stain.
Appellant has suffered four and half months of incarceration as pre and post
2 CRA-7527-2024
trial confinement. Fine amount has already been deposited. Hearing of
appeal shall take some time. He has a good case on merits.Thus, prayed for
grant of suspension of sentence.
4. Learned counsel for the State opposed the application and prayed for its
dismissal.
5. Considering the arguments advanced by learned counsel for the parties, this
Court intends to allow the application (I.A.No.12901 of 2024 ,) for suspension of
sentence.
6. Accordingly, the I.A. stands allowed. The execution of remaining jail sentence
of the appellant- Kala Bai is hereby suspended and it is ordered that appellant be
released on bail upon his 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 subject to depositing fine amount (if not already
deposited) with a further direction to appear before the Registry of this Court on
9.12.2024 and also on such other dates, as may be fixed by the Registry of this
Court in this regard during pendecy of this appeal.
7. It is further directed that appellant shall not be a source of embarrassment and
harassment to the complainant party and also not try to contact the complainant
party by any mode, otherwise, benefit of suspension of sentence and bail shall
automatically stands cancelled.
I.A. stands disposed of.
Certified copy as per rules.
(ANAND PATHAK) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
ar
3 CRA-7527-2024
