[Cites 6, Cited by 0]
Madhya Pradesh High Court
Gulab Bai vs The State Of Madhya Pradesh on 18 December, 2025
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1 CRA-10277-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 10277 of 2025
(GULAB BAI AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 18-12-2025
Shri Sanjay Kumar Sharma - Advocate for the appellants.
Shri Surendra Kumar Gupta - Public Prosecutor for the State.
Per : Justice Binod Kumar Dwivedi
Heard on I.A.No.15538/2025, 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 - Gulab Bai /o Munna.
The appellant stands convicted under Sections 302/34 and 323/34 of
Indian Penal Code, 1860 and sentenced to undergo life imprisonment with
fine of Rs.2,000/- and six months SI with fine of Rs.500/- respectively with
usual default stipulation.
Learned counsel for the appellant while taking exception to this
impugned judgment submits that appellant is innocent and he has been
falsely implicated in this matter. She is a lady of aged about 54 years. 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. There is no evidence that
she was acting in furtherance of common intention of all the accused
persons. She has not assaulted the deceased Shyamlal. The appeal being of
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 18-12-2025
19:07:37
2 CRA-10277-2025
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 as well as learned counsel for the complainant, 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. He further submits that in the Court statement of PW-4 Palak and
other witnesses have specifically mentioned that deceased was assaulted by
this appellant also, therefore, no case for extending benefit of suspension of
sentence to the appellant is made out. In these premises, he prays for
dismissal of the application.
Heard and considered the rival submissions raised at bar and perused
the record.
It is not in dispute that earlier version of the FIR does not say that the
deceased was assaulted by this appellant and there is improvement in the
Court statement.
Considering the aforesaid factual backdrop, all the facts and
circumstances of the case and also looking to the fact that possibility of final
hearing of this appeal in near future is bleak, 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,
3 CRA-10277-2025
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 18/02/2026
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 his
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
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 his 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
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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
soumya
