Madhya Pradesh High Court
Kiran vs The State Of Madhya Pradesh on 30 October, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
1 CRA-11397-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 11397 of 2024
(KIRAN Vs THE STATE OF MADHYA PRADESH )
Dated : 30-10-2025
Shri Javed Khan, learned counsel for the appellant.
Shri H.S.Rathore, learned Public Prosecutor for the respondent/State.
Per: Justice Binod Kumar Dwivedi
Heard on I.A. No.1780/2025, which is first application under Section 430 of
the Bhartiya Nagarik Suraksha Sanhita, 2023 (Section 389 of Cr.P.C., 1973) for
suspension of jail sentence and grant of bail filed on behalf of the appellant -
Kiran.
The present appellant has been convicted for commission of offence
punishable under Sections 302/34 & 201 of IPC and sentenced to undergo life
imprisonment with fine of Rs.1000/- and 5 years RI with fine of Rs.500/- along
with usual default stipulations vide judgement of conviction and order of sentence
dated 05.08.2024 passed by the 1st Additional Sessions Judge, Mandleshwar in
S.T. No.764/2020.
As per prosecution case, on 27.08.2018 under jurisdiction of Police Station -
Sanawad on Indore-Khandwa Road, nearby border of Bamangaon, in the field of
Ramratan Gurjar, a dead body of unknown person crushed by some vehicle was
found lying. Informant Narendra (PW-2) get this information to the police station
where Merg No. 49/2018 under Section 174 of Cr.P.C. (Ex.P/6) was registered
and an enquiry was held. On postmortem of the dead body, it was found that death
of the deceased has been caused by blunt force on head causing trauma by the
accused while he was alive and to obliterate the identity, his face has been crushed
2 CRA-11397-2024
by some vehicle. After enquiry, offence under Section 302 r/w 201 of IPC under
Crime No. 359/2018 was registered vide FIR Ex.P/26.
Learned counsel for the appellant submits that this is a case where no ocular
evidence is available. This is a case based on circumstantial evidence wherein
chain of the circumstances to prove the guilt of the accused is not complete.
Merely because FIR was belatedly lodged on 09.09.2018, after the alleged incident
dated 27.08.2018, it cannot be said that the appellant was involved in the murder
of the deceased, her husband. She has undergone the actual jail sentence for the
period of more than 5 years (from 06.10.2018 to 23.09.2022 and thereafter since
the date of judgment i.e. 05.08.2024). Judgment has been passed on conjectures
and surmises ignoring the material contradictions and omissions in the prosecution
case. Since chain of the circumstances is not complete, therefore, she could not
have been convicted for the alleged offence. She has fair chance of success in the
appeal and appeal being of 2024, might not be finally heard in near future, hence
prays for allowing the IA and grant of suspension of sentence and bail to the
appellant, who is a lady having children.
Per contra, learned Public Prosecutor for the respondent/State has opposed
the prayer on the ground that the appellant is involved in the murder of her
husband along with co-appellant Rajnish, her paramour. Circumstantial evidence
along with CCTV footage is available, therefore, no exception can be taken to the
impugned judgment. Appeal is devoid of any substance, hence prays for dismissal
of the application.
Heard and considered the rival submissions raised by the parties at Bar and
perused the record.
It is not in dispute that no ocular evidence is available on record to
complicity the appellant in the present case. Mere lodging an FIR belatedly by the
3 CRA-11397-2024
wife of the deceased cannot be a sole basis of her conviction wherein in the CCTV
footage, no such evidence has been found showing direct involvement of the
appellant in the aforesaid crime. Looking to the factual matrix of the case, coupled
with the period of custody undergone by the appellant and evidence available on
record in totality, we deem it proper to suspend the remaining jail sentence of the
present appellant. Accordingly, without commenting upon the merits of the case,
I.A. No.1780/2025 stands allowed.
The execution of remaining jail sentence of appellant - Kiran shall remain
suspended during the pendency of the appeal and she be released on bail upon her
furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only)
with one solvent surety of the like amount to the satisfaction of the Trial Court and
on depositing the fine amount (if not already deposited) with a further direction to
appear before the Registry of this Court on 17.12.2025 and thereafter, on all
subsequent dates as may be fixed by the Registry in this regard during the
pendency of the appeal.
Certified copy, as per Rules.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
soumya
