Madhya Pradesh High Court
Smt. Ramki Bai @ Anupa Kol vs The State Of Madhya Pradesh on 23 April, 2022
Author: Sheel Nagu
Bench: Sheel Nagu
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1646 of 2013
(SMT. RAMKI BAI @ ANUPA KOL Vs THE STATE OF MADHYA PRADESH)
Dated : 23-04-2022
Shri Reji Mathai, learned counsel for appellant.
Shri Ajay Shukla, learned G.A. for respondent/State.
Heard on this first application I.A.No.2737/2022 under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of sentence and grant of bail to the appellant- Ramki Bai @ Anupa Kol.
The appellant stands convicted for the offence punishable under Sections 302 & 307 of Indian Penal Code and has been sentenced imprisonment with fine of Rs.1,000/- and R.I. for 5 years with fine of Rs.500/- respectively, with default stipulation.
The prosecution case reveals that on 29.01.2011 a marg intimation was recorded to the effect that Krishna and Kajal who were minors and both daughters of Bhuralal were brought dead to hospital and their visra were sent for FSL report. On receipt of FSL report it was found that both deceased had consumed Benzene Hexa Chloride (BHC) and as a result of which, they died. After receipt of report from FSL, statement of witnesses were recorded in which, the allegations were leveled against the present appellant to the effect that she had dispute with the mother of deceased kids consequently, she administered poison to both the kids while mixing the same in the sweets. Accordingly, the appellant was then tried and subjected to trial and convicted and sentenced as aforesaid.
The counsel for appellant submits that the present appellant has been falsely implicated that there were no allegations against her and only after receipt of FSL report as an after-thought she was implicated without their being any evidence. The counsel also submits that she is in custody since last 11 years and 6 months and thus, prayed that since the disposal of present appeal may take time, she be enlarged on bail.
Per contra, learned counsel for respondent opposes the prayer for suspension Signature Not Verified SAN of sentence while submitting inter alia that it was a heinous offence committed by present appellant, as a result of which, not only two kids succumbed to death and Digitally signed by SHUBHAM THAKKER Date: 2022.04.26 17:12:31 IST 2 another kid was hospitalized and somehow survived and, therefore, looking to the act of appellant she was not only committed u/S 302 of IPC but also convicted u/S 307 of IPC, as the another child Anku as a result of consuming poison though was initially hospitalized but later on survived.
We have learned counsel for the parties and perused the record. The date of incident is 28.01.2011 and the marg intimation was registered on 29.01.2011 by P.S. Ram Nagar District, Satna. Thereafter, after collecting the visra of the deceased, the same was further referred for investigation to FSL, Sagar. The record reveals that FSL report is dated 27.07.2011 (Exh.-P/13) and the same was received in P.S. Ram Nagar on 20.10.2011. After receipt of this report by FSL, Sagar, the case was registered and the statement of other two kids including mother of the deceased were recorded and after a lapse of almost 9 months from the date of incident, first time the name of appellant was disclosed by each witnesses. It is important to note that from 28.01.2011 to 28.10.2011 between a long period of almost 10 months, there were no statement against the present appellant, even there is no explanation by the prosecution as to why the statement of third child Anku who was hospitalized and was in a position to depose everything was not examined.
Even the mother of deceased was sitting silent and suddenly came up for story after receipt of FSL report. Therefore, since the appellant is in incarceration for a period of 11 years and 6 months already and the final disposal of this appeal is likely to take time, we deem it proper to suspend the sentence of appellant.
Accordingly, I.A. No. 2737/2022 is allowed and it is directed that the jail sentence of appellant- Smt. Ramki Bai alias Anupa Kol will remain under suspension subject to verification that the amount of fine has been deposited, on the appellant furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of concerned available Magistrate for her appearance before the concerned available Magistrate on 22/06/2022 and on such further dates as may be fixed which shall be of Signature Not Verified frequency not less than once a year.
SAN Digitally signed by SHUBHAM THAKKERI n case, appellant is found absent on any date fixed by the concerned Date: 2022.04.26 17:12:31 IST Magistrate then the said Magistrate shall be free to issue and 3 execute warrant of arrest for securing her presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.
The learned concerned Magistrate and the prosecution is directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the appellant during period of suspension of sentence as a consequence of this order.
A copy of this order be sent to the Court concerned for information.
C.C. as per rules.
(SHEEL NAGU) (MANINDER S BHATTI)
JUDGE JUDGE
Shub
Signature Not Verified
SAN
Digitally signed by SHUBHAM THAKKER
Date: 2022.04.26 17:12:31 IST