Madhya Pradesh High Court
Rihana Bi vs The State Of Madhya Pradesh on 5 May, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1 CRA-8283-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 8283 of 2022
(RIHANA BI Vs THE STATE OF MADHYA PRADESH )
Dated : 05-05-2025
Shri Akhil Godha, Advocate for the appellant.
Shri Surendra Gupta, Govt. Advocate for the respondent/State.
Heard on the question of admission.
Appeal is admitted for hearing.
Record of trial Court is received.
Heard on I.A. No.1275/2025, second application under Section 389 of
CrPC moved on behalf of appellant-Rihana Bi seeking suspension of jail
sentence and grant of bail.
Appellant stood convicted under sections 304(II)/34 of IPC and
sentenced to undergo 07 years rigorous imprisonment with fine of Rs.1,000/-
with default stipulation vide judgment of conviction and order of sentence
dated 02.09.2022, passed by 1st Additional Sessions Judge, Sarangpur,
District - Rajgarh(M.P.) in ST No.2852/2015. Her first application for
suspension of sentence was dismissed on merit vide order dated
06.02.2023.
Learned counsel for the appellant submits that the impugned judgment
passed by learned Trial Court is based on assumption, conjectures and
surmises. The learned Trial Court has committed an error in convicting and
2 CRA-8283-2022
sentencing the appellant without appreciating the prosecution evidence
properly. Learned counsel further submits that the appellant was sexually
exploited by other accused Aatik. Aatik in order to conceal his crime had
thrown just born child of appellant Rihana Bi. Learned counsel further
contends that appellant Rihana Bi had undergone incarceration of more than
3 years. The hearing of the appeal would take time. On these grounds,
learned Counsel prays that execution of remaining sentence of
imprisonment of the appellant may be suspended and she may be enlarged on
bail.
Per contra, learned Counsel for respondent State opposes the
suspension application on the ground of gravity of offence and prays for its
rejection.
The contentions of appellant has prima facie substance which deserve
consideration on merit. The appellant has undergone incarceration for 3
years and with remission, she has undergone jail incarceration of almost 03
years and 08 months. The hearing of the appeal would take time.
Upon hearing learned Counsel for the parties, but without commenting
upon rival contentions touching merits of the case, this Court is of the view
that application deserves to be allowed. It is, accordingly directed that
execution of remaining jail sentence of appellant - Rihana Bi shall remain
suspended during pendency of this appeal and he shall be enlarged on bail
subject to furnishing personal bond in the sum of Rs.75,000/-(Rupees
Seventy Five Thousand Only) with one solvent surety in the like amount to
3 CRA-8283-2022
the satisfaction of 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 14.07.2025 ,
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 his attendance under intimation to the Registry of High Court. The
Trial Court shall also proceed under Section 446 of CrPC against such
appellant and his surety without any reference to this Court and without any
impediment of the order granting bail. [Chapter XIII Rule 42 Sub-Rule 3 of
M.P. High Court Rules, 2008].
4 CRA-8283-2022
On arrest/surrender in compliance with the warrant, the appellants
shall be forwarded in custody to undergo sentence of imprisonment under
intimation to the Registry of this Court.
Accordingly, IA No.1275/2025 stands allowed and disposed of.
List the matter for final hearing in due course.
(SANJEEV S KALGAONKAR)
JUDGE
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