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Madhya Pradesh High Court · body

2014 DIGILAW 1125 (MP)

Jujhar Singh v. State of M. P.

2014-09-08

J.K.JAIN, SHANTANU KEMKAR

body2014
ORDER 1. Heard on IA No.5168/2012, a repeat application under section 389 of the Code of Criminal Procedure, 1973, for suspension of sentence and grant of bail filed on behalf of appellant No.3 Rambha bai w/o Prakash. 2. The first application filed by this appellant was rejected by this Court vide order dated 16.10.2008. 3. The appellant has been found guilty by the Additional Sessions Judge, Ujjain vide judgment dated 14.2.2008 passed in Sessions Trial No.240/2007 for offence punishable under section 302 of the Indian Penal Code and has been sentenced to suffer life imprisonment with fine of Rs.500/- with default stipulation. 4. Learned counsel for the appellant submits that the appellant is a lady and by now she has suffered jail sentence of approximately 7 ½ years. He also submits that this appeal is of the year 2008 and is not likely to be heard early. It is the case of the appellant that co-accused appellants No.1 and 2 have been enlarged on bail against whom the allegation was that they caught hold of the hands of the deceased, whereas the allegation against the present appellant is that she poured kerosene oil on the deceased and lit fire. Learned counsel for the appellant submits that its a case of false implication. 5. Shri B.L. Yadav, learned Deputy Advocate General, on the other hand, opposed the prayer made for suspension of sentence and grant of bail to appellant No.3, contending that in view of the dying declaration as also the Dehati Nalish and the 161 statement of the deceased, no case for suspension of sentence is made out. 6. Taking into consideration the submissions made by the learned counsel for the parties and taking note of the fact that this appellant, who is a lady, is in custody since more than 7 ½ years and that this appeal is of the year 2008, which is not likely to be heard in near future, we are of the view that the appellant has made out a case for suspension of sentence and grant of bail. 7. 7. Accordingly, we allow the application (IA No.5168/2012) and direct that the jail sentence imposed upon the appellant shall remain suspended subject to depositing of fine amount and on furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one surety in the like amount to the satisfaction of the trial Court for her appearance before the Registry of this Court on 5.1.2015 and on such other dates as may be fixed in that behalf.