Madhya Pradesh High Court
Smt. Taruna Dehariya vs The State Of Madhya Pradesh on 17 February, 2025
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 CRA-9194-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9194 of 2024
(SMT. TARUNA DEHARIYA Vs THE STATE OF MADHYA PRADESH )
Dated : 17-02-2025
Shri Pradeep Kumar Naveria - learned counsel for the appellant.
Shri Arvind Singh - learned Government Advocate for the
respondent/State.
Heard on IA No.19548/2024, which is first application filed under
Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail
moved on behalf of appellant- Smt. Taruna Dehariya.
Appellant has been convicted for commission of offence punishable
under Sections 302/120(B) and 201 of IPC and he has been sentenced to
undergo life imprisonment and RI for 3 years and to pay fine amount of
Rs.2,000/- and Rs.500/- for each offence respectively with usual default
stipulation vide judgment dated 30/07/2024 passed by First Additional
Sessions Judge, Narsinghpur in S.T. No. 112/2022.
Prosecution story found to be proved is that on 17/03/2022,
complainant/co-accused-Ramdayal lodged a Dehati Merg intimation,
wherein he informed that on 16/03/2022, he was travelling on his motorcycle
with his wife/deceased and when they reached Harrai Main Road ahead of
Red Bridge at around 9:00 P.M., one four wheeler dashed his vehicle, as a
result of which his wife fell down and succumed. During investigation, son
of deceased informed that appellant is having illicit relationship with his
father and he raised suspicion, they committed murder of his mother. Police
2 CRA-9194-2024
arrested the appellant and other co-accused persons and recorded their
memorandum, wherein they admitted that they hatched conspiracy of false
accident. On the basis of aforesaid, alleged offence has been registered
against the appellant.
Learned counsel for the appellant submits that the appellant is innocent
and she has falsely been implicated in the alleged offence. At the time of
alleged incident, the appellant was not present at the spot and there is no
allegation against the appellant that she instigated the co-accused persons for
commission of murder of deceased or caused any injury to her. Though the
prosecution has produced CDR of conversation took place between the
appellant and co-accused persons but no transcription report has been filed in
this regard. Hence, there is no evidence available on record to connect the
appellant with the alleged offence. There are fair chances of the success of
this appeal and if the custodial sentence of the appellant is not suspended,
then the purpose for filing this appeal will get frustrated. There is no
likelihood of early hearing of this appeal in near future. Under these
circumstances, learned counsel for the appellant prays for suspension of
custodial sentence and grant of bail to the appellant.
Learned Government Advocate for the respondent opposed the
application by contending that there is ample evidence available on record to
connect the appellant with the alleged offence, therefore, at this stage no case
for suspension of custodial sentence and grant of bail to the appellant is not
made out.
We have heard learned counsel for the parties and perused the record.
3 CRA-9194-2024
Considering the aforesaid facts and circumstances of the case coupled
with the fact that the at the time of alleged incident the appellant was not
present on the spot and there is no allegation against her for causing any
injury to the deceased, but without expressing any opinion on the merits of
the case, IA No. 19548/2024 is allowed.
It is directed that subject to depositing the entire fine amount, if
already not deposited, the substantive jail sentence of appellant- Smt. Taruna
Dehariya shall remain suspended till the final disposal of the appeal and she
be released on bail, on furnishing her personal bond in the sum of
Rs.50,000/- with one solvent surety in the like amount to the satisfaction of
trial Court, for her appearance before the concerned trial Court firstly on
21.04.2025 and on such other dates, as may be fixed by the said Court in this
regard.
List the matter for final hearing in due course.
(SUSHRUT ARVIND DHARMADHIKARI) (ASHISH SHROTI)
JUDGE JUDGE
skt
