Pinky vs The State Of Madhya Pradesh
2025 Latest Caselaw 3367 MP

Madhya Pradesh High Court

Pinky vs The State Of Madhya Pradesh on 27 January, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

                                                                1                                CRA-4209-2024
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                         CRA No. 4209 of 2024
                                                   (PINKY Vs THE STATE OF MADHYA PRADESH )


                           Dated : 27-01-2025
                                 Shri Vivek Singh, learned Senior Counsel with Shri Rajesh Yadav -
                           Advocate for the appellant.
                                 Shri H. S. Rathore - GA for respondent/State.

Heard on IA No.14498/2024, which is the first application under Section 389 of Cr.P.C. on behalf of the appellant Pinky for grant of bail and suspension of

remaining jail sentence.

Vide judgment dated 2.3.2024 passed by the Ist ASJ, Barwah in S.T. No.10/2021, appellant has been convicted for the offence under Sections 302/34 & 201 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.500/- and 5 years R.I. with fine of Rs.500/-, respectively, with usual default stipulation.

As per the prosecution story, the allegation against the appellant is that she was involved with her husband in murder of one Rani Bai, who was having relationship with her husband/co-accused. The deceased was murdered by strangulating her neck and there was some minor injuries on her body.

Learned counsel for the appellant submits that appellant has been made

accused on the basis of memorandum under Section 27 of Evidence Act given by her husband/co-accused Eklavya and recovery of mobile phone of deceased but as per the prosecution story when appellant came back to Barwah from Khandwa, she was not aware that her husband and deceased are together in the house and all of a sudden fight took place in which she might have participated and deceased died. It was not a pre-planned murder. During trial appellant was granted bail by this

2 CRA-4209-2024 Court. At the most she is liable to be convicted under Section 201 of IPC for disposal of dead body, which is a bailable offence. Hence he prays for grant of bail and suspension of remaining jail sentence of the appellant till the final disposal of this appeal.

Per contra, learned Government Advocate for the respondent/State opposes the application for suspension of sentence and prays for its rejection.

Considering the entire facts and circumstances of the case, submissions made by learned counsel for the parties and taking note of the fact that this appeal is of the year 2024 and final conclusion of this appeal will take considerable time, we deem it appropriate to suspend the remaining jail sentence of the appellant.

Accordingly, IA No.14498/2024 is allowed and the execution of remaining jail sentence of the appellant-Pinky is hereby suspended till the final disposal of

this appeal and it is ordered that the appellant be released on bail on his depositing the fine amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.50,000/- with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 28.4.2025 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

IA No.14500/24, an application for urgent hearing, stands disposed of. C.C. as per rules.

                                      (VIVEK RUSIA)                                  (GAJENDRA SINGH)
                                          JUDGE                                           JUDGE
                           trilok