Madhya Pradesh High Court
Hallo Bi @ Halima vs The State Of Madhya Pradesh on 15 February, 2017
CRA-273-2015
(HALLO BI @ HALIMA Vs THE STATE OF MADHYA PRADESH)
15-02-2017
Shri Ramlal Patidar, learned counsel for the appellant.
Shri Pankaj Wadhwani, learned G.A. for the respondent/State.
Heard on I.A.No.5944/2016- an application under Section 389(1) of the Code of Criminal Procedure for suspension of custodial sentence of appellant Hallo-Bi @ Halima w/o Amin. The appellant has preferred this application against the judgment dated 28.11.2014 passed by Additional Sessions Judge, Special Judge (Electricity Act) No.7, Indore in Sessions Trial No.176/2013, whereby the appellant has been convicted for offence under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.500/- and in default of payment of fine and 2 months R.I. Learned counsel for the appellant argued before this Court that the case is based on circumstantial evidence. There is no eye- witness and the learned Judge has not considered the evidence in true perspective.
This Court after gone through the record, the same reveals that the present appellant was residing with Usman and Usman was burnt alive. There is evidence that appellant and Usman lived together and kerosene stained clothes were recovered from the present appellant. The trial Court keeping in view the totality of the circumstances as circumstantial evidence was available to convict the appellant and in the opinion of this Court, the appellant does not deserve to be enlarged on bail.
Accordingly, the bail petition is dismissed. Certified copy as per rules.
(S.C.SHARMA) (RAJEEV KUMAR DUBEY)
JUDGE JUDGE