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Madhya Pradesh High Court
Phoolabai vs The State Of Madhya Pradesh on 15 December, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-6769-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6769 of 2025
(PHOOLABAI AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 15-12-2025
Shri Siddharth Datt - Advocate for the appellants.
Shri Arvind Kumar Singh - Government Advocate for the Objector.
Shri Ashwajit Gautam - Advocate for the Objector.
Heard on I.A.No.22381/2025, which is first application under Section
389(1) of the Cr.P.C for suspension of sentence and grant of bail to the appellant
No.1 Phoolabai W/o Shri Babulal Mogiya and appellant No.3 Chandani Mongiya
W/o Shri Romiyo.
The appellants are aggrieved of the judgment dated 04.07.2025 passed by
the learned First Additional Sessions Judge, Raisen, District Raisen (M.P.) in case
No.ST/83/2024, whereby the appellant No.1 Phoolabai and appellant No.3
Chandani Mongiya stand convicted and sentenced as under:-
Conviction Sentence
Imprisonment in
Section Act Imprisonment Fine
lieu of fine
R.I. for 1 month
148 I.P.C. R.I. for 1 year each Rs.500/- each
each.
R.I. for 1 month
307/149 I.P.C. R.I. for 7 years each Rs.500/- each
each
Life Imprisonment R.I. for 1 month
302/149 I.P.C. Rs.500/- each
each each
R.I for 1 month
323/149 I.P.C R.I for 3 months each Rs.500/- each
each
R.I. for 6
R.I. for 1 month
323/149 I.P.C. months each (Injured Rs.500/- each
each.
Shekhar)
R.I. for 6
R.I. for 1 month
323/149 I.P.C. months each (Injured Rs.500/- each
each.
Umesh @ Ashish)
Signature Not Verified
Signed by: VINOD SHARMA
Signing time: 16-12-2025
10:16:09
2 CRA-6769-2025
R.I. for 6 R.I. for 1 month
506 (Part-II) I.P.C. Rs.500/- each
months each each.
Learned counsel for the appellants submitted that the main allegations are
against appellant No.5 Sunil @ Buthru Mogiya of causing death of the deceased
Chetan. Other accused may have been charged of beating members of the
complainant party. As far as appellant No.1 Phoolabai and appellant
No.3 Chandani Mongiya are concerned there are general and omnibus allegations
against them. There are good chance of success of this appeal. Hence, prayer is
made to suspend the remaining jail sentence of the appellants and release them on
bail.
Learned counsel for the respondent/State opposes the prayer of the
appellants.
Learned counsel for the Objector also opposes the prayer of the appellants
and submitted that appellant No.2 Balmi Mogiya had caused assault on the head of
the other injured persons and there were several persons in the unlawful assembly,
therefore, absence of name of Phoolabai in the FIR is immaterial.
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 the remaining part of the
jail sentence of appellant No.1 Phoolabai and appellant No.3 Chandani Mongiya
and to release them on bail.
It is directed that on depositing the fine amount, if not already deposited and
on furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand
Only) each, with two solvent sureties each in the like amount to the satisfaction of
the Trial Court for their appearance before the Trial Court on 30.01.2026 and such
other dates as may be fixed by the Trial Court, the execution of remaining part of
3 CRA-6769-2025
the jail sentence imposed upon appellant No.1 Phoolabai and appellant
No.3 Chandani Mongiya shall remain suspended and they shall be released on bail
till final disposal of this appeal.
I.A.No.22381/2025 is allowed & disposed of.
(VIVEK AGARWAL) (RAMKUMAR CHOUBEY)
JUDGE JUDGE
Vin**
