Madhya Pradesh High Court
Peerulal vs The State Of Madhya Pradesh on 11 November, 2021
Author: Sujoy Paul
Bench: Sujoy Paul
1 HIGH COURT OF MADHYA PRADESH :
BENCH AT INDORE
CRA No.4548/2021
Peerulal S/o Bherulal Jajoriya & Others Vs. State of MP
Indore: Dated:- 11/11/2021
Shri C.L.Yadav, learned Senior Counsel along with Shri Dinesh
Thakur, learned counsel for the appellants.
Shri Sudhanshu Vyas, learned Panel Lawyer for the
respondent/State.
1. During the course of hearing, the attention of this Court is drawn to Ex.P/21 which is Dehati Nalishi/dying declaration because the deceased died in June, 2017. The record shows that this document is in a bad shape. The Registry of this Court is directed to immediately get this document laminated and place the laminated document on record.
2. Heard on IA No.20988/21, IA No.20994/21 and IA No.20995/21, which are applications filed under Section 389 (1) of Cr.P.C., for suspension of sentence and grant of bail moved on behalf of the appellant No.2 - Basantibai, appellant No.3 - Kamla @ Komalbai and appellant No.5 - Reena.
3. The conviction and sentence of the appellant No.2 - Basantibai, appellant No.3 - Kamla @ Komalbai and appellant No.5 - Reena is as under:
Section Act Imprisonment Fine Imprisonment in lieu of Fine 147 IPC 1 year R.I. Signature Not Verified 302/149 IPC Life imprisonment 1,000/- 1 year R.I. SAN Digitally signed by NEERAJ SARVATE Date: 2021.11.12 10:28:13 IST 2 HIGH COURT OF MADHYA PRADESH :
BENCH AT INDORE CRA No.4548/2021 Peerulal S/o Bherulal Jajoriya & Others Vs. State of MP
4. Learned Senior Counsel for the appellants submits that appellant No.2 was aged 60 years, appellant No.3 was aged 55 years and appellant No.5 was aged 33 years at the time of incident. By taking this Court to the prosecution story and the dying declarations Ex.P/14 and P/21, it is submitted that one dying declaration is recorded by the Executive Magistrate. However, there is no finding of the Doctor that the deceased was in a fit state of mind to depose his statement. In other dying declaration/Dehati Nalishi, there is nothing to suggest that apart from instigating the present appellants have taken any active part in pouring kerosene and putting him ablaze. All these appellants are housewives. The final hearing of this appeal may take time, therefore, the appellants may be enlarged on bail by suspending jail sentence.
5. The prayer is opposed by the learned Panel Lawyer.
6. We have considered the arguments. Considering the nature of accusation and mainly on the fact that all the appellants are women and are housewives and the final hearing of this appeal may take time, without expressing any opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant No.2 - Basantibai, appellant No.3 - Kamla @ Komalbai and appellant No.5 - Reena.
Signature Not Verified
7. Accordingly, IA No.20988/21, IA No.20994/21 and IA SAN Digitally signed by NEERAJ SARVATE Date: 2021.11.12 10:28:13 IST 3 HIGH COURT OF MADHYA PRADESH :
BENCH AT INDORE CRA No.4548/2021 Peerulal S/o Bherulal Jajoriya & Others Vs. State of MP No.20995/21 are allowed. Execution of jail sentence of the appellants is hereby suspended and it is ordered that the appellant No.2 - Basantibai, appellant No.3 - Kamla @ Komalbai and appellant No.5 - Reena be released on bail on each of them furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand Only) each with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Ujjain on 22.12.2021 and also on such other dates, as may be fixed by the trial Court, Ujjain, in this regard during the pendency of this appeal.
8. List the appeal for final hearing in due course.
C.c. as per rules.
(SUJOY PAUL) (PRANAY VERMA)
JUDGE JUDGE
ns
Signature Not Verified
SAN
Digitally signed by NEERAJ
SARVATE
Date: 2021.11.12 10:28:13 IST