Madhya Pradesh High Court
Yashoda Singh vs The State Of Madhya Pradesh on 29 April, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-8288-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8288 of 2023
(YASHODA SINGH Vs THE STATE OF MADHYA PRADESH )
Dated : 29-04-2025
Shri Ram Prakash Yadav, learned counsel for the appellant.
Shri Aditya Narayan Gupta, learned Government Advocate for the
State.
Heard on I.A.No.17604/2023, which is first application under Section
389 (1) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C")
for suspension of sentence and grant of bail to appellant Yashoda Singh.
This appeal is filed by the appellant being aggrieved of judgment dated
16.12.2022 passed by learned Second Additional Sessions Judge, Kotma,
District Anuppur (M.P.) convicting the appellant for the offence under
Section 302 read with Section 120B of the Indian Penal Code, 1860 (for
short "I.P.C") and sentencing her to suffer imprisonment for life with fine of
Rs.1,000/- and in default of payment of fine to undergo additional rigorous
imprisonment for six months, Section 364 read with Section 120B of the
Indian Penal Code, 1860 (for short "I.P.C") and sentencing her to suffer
imprisonment for life with fine of Rs.1,000/- and in default of payment of
fine to undergo additional rigorous imprisonment for six months, and Section
201 read with Section 120B of the Indian Penal Code, 1860 (for short
"I.P.C") and sentencing her to suffer imprisonment for three years with fine
of Rs.500/- and in default of payment of fine to undergo additional rigorous
imprisonment for two months.
2 CRA-8288-2023
It is submitted that learned trial Judge has wrongly completed the
chain of circumstances, whereas Smt. Krishna Singh (PW-17) has
categorically admitted that she had no personal knowledge of love
relationship between the deceased i.e. her brother and appellant Yashoda
Singh. She attributed this knowledge to appellant Yashoda Singh. She also
admitted that in their community marriage between cousins, where one of the
children is that of 'Mama', is permissible.
Rajendra Prasad Ahirwar (PW-29), who collected CDR details etc.,
admitted in para 3 of his cross-examination that he had not identified the
telephone numbers, he has not taken call details to point out as to when and
on which numbers there was communication between the deceased and
appellant Yashoda.
It is further submitted that there is no criminal history of the appellant.
There are good chances of success in appeal. Hence, prayer is made to
suspend execution of remaining part of jail sentence of the appellant and to
release her on bail.
Learned Government Advocate for the State opposes the prayer for
suspension of sentence of the appellant and prays for dismissal of
I.A.No.17604/2023.
After hearing learned counsel for the parties and going through the
record, this Court is of the opinion that it is a fit case to suspend execution
of remaining part of jail sentence of the appellant and to release her on bail.
Accordingly, I.A.No.17604/2023 is allowed. It is directed that on
depositing of fine amount, if not already deposited and on furnishing a
3 CRA-8288-2023
personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only) with
two sureties each in the like amount to the satisfaction of the concerned Trial
Court for her appearance before the Trial Court on 20.8.2025 and on all
subsequent dates as may be fixed by the concerned Trial Court, the
execution of remaining part of the jail sentence of the appellant Yashoda
Singh shall remain suspended and she be released on bail till final disposal of
this appeal.
Accordingly, I.A.No.17604/2023 is allowed and disposed of.
Certified copy as per rules.
(VIVEK AGARWAL) (DEVNARAYAN MISHRA)
JUDGE JUDGE
MTK
