Madhya Pradesh High Court
Brijmohan Sharma vs The State Of Madhya Pradesh on 5 February, 2025
1 CRA-7523-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 7523 of 2024
(BRIJMOHAN SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 05-02-2025
Shri Atul Gupta - Advocate for the appellant.
Shri Deependra Singh Kushwah - A.A.G. for respondent/State.
Shri Hemant Singh Rana- learned counsel for the complainant.
1. The present application (I.A. No.25896/2024), has been filed by
appellant No.3 - Smt. Usha Devi Sharma under Section 389 (1) of the Code
of Criminal Procedure, 1973 seeking suspension of sentence during
pendency of the appeal.
2. Appellant No.3 -Smt. Usha Devi Sharma is facing sentence by
virtue of judgment dated 31-05-2024 passed by II Additional Sessions Judge,
District Bhind whereby she has been convicted as under:
Section Imprisonment Fine
Rs.500/- with default
147 of IPC 1 year's RI
stipulation.
Rs.500/- with default
148 of IPC 1 year's RI
stipulation
Rs.2,000/- with default
302/149 of IPC Life Imprisonment
stipulation
Rs.1,000/- with default
307/149 of IPC 7 years' RI
stipulation
323/149 of IPC (three 3 months' RI for each Rs.500/- with default
counts) count stipulation
3. In the present case, Ram Singh is the deceased. Brijmohan is
husband of appellant No.3-Usha Devi Sharma, Shobharam (now died) and
Smt. Satyawati Sharma W/o Vidyaram are the accused person. As per
2 CRA-7523-2024
prosecution story, Shobharam used to sell liquor, however this fact has been
denied by co-accused -Satyawati Sharma saying that he was running grocery
shop and this fact is evident from the fact that during investigation, no
recovery of liquor was made from the shop. The deceased Ram Singh came
to the shop of Shobharam to take some articles on credit, however he refused
to do so, therefore, discussions took place, though allegations against
appellant No.3 -Smt. Usha Devi Sharma is that she along with their family
members attacked on the deceased Ram Singh with axe and murdered
consequently. This fact has been denied by the counsel for appellant No.3
saying that injuries received by the deceased were of hard and blunt weapon
but there is no sharp cutting injuries caused to the deceased. He further
submits that co-accused Smt. Satyawati Sharma has already been granted
benefit of suspension of sentence vide order dated 22.10.2024 by this Court
and he seeks parity. Appellant No.3 -Smt. Usha Devi Sharma is a lady aged
41 years of age and not having good health and if she kept in jail, her life
would be in danger.
4. Learned counsel for the respondent/State opposed the submission
and prayed for dismissal of the application for suspension of sentence.
5. It is not in dispute that Ex-D/3 is the injuries received by Shobharam
thus, it establishes the fact that there was scuffle taken place between the
parties, may be on giving articles on credit or otherwise, which is not clear
from the prosecution case as well as from the impugned judgment. However,
without commenting on the merits of the case and keeping in view the fact
that appellant No.3 is a lady aged about 41 years, she is admitted for
3 CRA-7523-2024
suspension of sentence.
6. Keeping in view of the above, considering the overall facts and
looking to the parity with co-accused Smt. Satyawati Sharma as submitted
and the fact that the present appeal is of the 2024 and also that there are old
appeals pending before us and the listing of the present appeal is not likely in
near future, we hereby suspend the sentence of the appellant during the
pendency of the appeal. Consequently, appellant No.3 -Smt. Usha Devi
Sharma be released on bail, if not required in any other case, on her
furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with
one surety of like amount to the satisfaction of the learned trial Court
concerned. Appellant No.3 -Smt. Usha Devi Sharma is further directed to
remain present before the Registry of this Court on 10.03.2025 and,
thereafter, on such subsequent dates as may be fixed by the Registry.
7. Certified copy as per rules/directions.
(SURESH KUMAR KAIT) (ANAND PATHAK)
CHIEF JUSTICE JUDGE
Ashish*
