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Madhya Pradesh High Court
Aamna Bee vs The State Of Madhya Pradesh on 11 December, 2025
1 CRA-8240-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 8240 of 2025
(AAMNA BEE Vs THE STATE OF MADHYA PRADESH )
Dated : 11-12-2025
Shri Santosh Kumar Meena - Advocate for the appellant.
Shri Surendra Kumar Gupta - Govt. Advocate for the respondent /
State.
Per : Justice Binod Kumar Dwivedi
Heard heard on I.A.No.13574/2025, first application under Section
430 of Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to Section
389(1) of Cr.P.C.) for suspension of remaining jail sentence and grant of bail
on behalf of the appellant Aamna Bee .
The appellant stands convicted under Sections 302/34 and 498A of
Indian Penal Code, 1860 and Section 4 of Dowry Prohibition Act, 1961 and
sentenced to undergo Imprisonment for Life with fine of Rs.1,000/-; 01 year
RI with fine of Rs.1,000/- and 06 months' RI with fine of Rs.500/-
respectively with usual default stipulation.
As per prosecution case, present appellant (mother-in-law of the
deceased Rani) along with other co-accused persons set ablaze the deceased
by pouring Kerosene on her. She succumbed to the burn injuries. Incident
was reported to the Police Station Machalpur, District Rajgarh and FIR was
registered at Crime No.83/2020 for the offences under Section 302, 304-B,
498-A and 34 of IPC.
Learned counsel for the appellant while taking exception to this
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impugned judgment submits that appellant is innocent and she has been
falsely implicated in this matter. Appellant is a lady aged about 55 years.
Even though the deceased in her Dying Declaration (Ex.-P/9) stated that
appellant has also caught hold her while setting ablaze, but she has further
stated in the dying declaration that appellant (mother-in-law) also poured
water bucket to save her. Appellant has also informed about the incident to
the relatives of the deceased. He further submits that the trial Court has not
appreciated the evidence in its right perspective. There are material
contradictions and omissions in the statement of the witnesses. Impugned
judgment suffers from surmises and conjectures and has been passed
ignoring serious infirmities and anomalies. It is further submitted that the
present appellant is continuously suffering jail incarceration since
14/03/2020. The appeal being of the year 2025 is not likely to be heard
finally in near future. Appellant has fair chances of success in appeal. Hence,
under such circumstances prayer is made for suspension of jail sentence and
grant of bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant.
Heard and considered the rival submissions raised at bar and perused
the record.
From perusal of the Dying Declaration (Ex.-P/9), it is apparent that the
3 CRA-8240-2025
deceased has implicated the appellant, but has also stated that she poured
bucket of water to save her and she has also intimated about the incident to
her relatives. Appellant being lady of 55 years of age has already suffered
incarceration of near about five years and nine months.
Looking to the aforesaid factual backdrop, all the facts and
circumstances of the case coupled with the fact that possibility of final
hearing of this appeal in near future is bleak and the period of custody,
without expressing any conclusive opinion on merits, we find it to be a fit
case to suspend the remaining custodial sentence of the appellant.
Accordingly, application is allowed. Subject to deposit of fine amount,
if not already deposited the remaining jail sentence during the pendency of
the appeal is hereby suspended and it is directed that appellant be released on
bail on her furnishing personal bond in sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety in the like amount to the satisfaction
of learned trial Court for compliance with following conditions:-
(1) The appellant shall deposit the amount of fine (if not deposited)
forthwith;
(2) The appellant shall appear before the Trial Court on 05/02/2026
and on such further dates as may be directed by the Trial Court;
(3) The appellant shall ensure hearing of the appeal on the date fixed
for such hearing and shall also ensure proper legal representation on her
behalf, on the date notified for hearing.
In case of breach of any of the aforementioned conditions, this order
granting suspension of sentence shall become ineffective. The Trial Court
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shall be authorized to grant exemption from attendance to the appellant on
any date, on sufficient cause being shown [Chapter XIII Rule 42 Sub-Rule 2
of the M.P. High Court Rules, 2008].
Where the appellant does not appear on the date of her appearance
before the Trial Court and no sufficient cause for non-appearance is shown,
the Trial Court shall be authorized to issue non-bailable / bailable warrants
to secure her attendance under intimation to the Registry of High Court.
The Trial Court shall also proceed under Section 446 of Cr.P.C. /
Section 491 of BNSS, 2023 against such appellant and her surety without
any reference to this Court and without any impediment of the order granting
bail. [Chapter XIII Rule 42 Sub-Rule 3 of M.P. High Court Rules, 2008].
On arrest / surrender in compliance with the warrant, the appellant
shall be forwarded in custody to undergo sentence of imprisonment under
intimation to the Registry of this Court.
Accordingly, the I.A. stands allowed and disposed off.
Certified copy as per rules.
(VIJAY KUMAR SHUKLA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
Tej
