Madhya Pradesh High Court
Daljeet Kour vs The State Of Madhya Pradesh on 19 July, 2024
(1)
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 6918 of 2018
(DALJEET KOUR Vs THE STATE OF MADHYA PRADESH )
Dated : 18/07/2024
Shri Atul Gupta-Advocate for appellant.
Shri A.K. Nirankari-Public Prosecutor for respondent/State.
Learned counsel for appellant, at the very outset, prays for withdrawal of I.A. No.18080/2021, I.A.No.11311/2023, I.A. No.11313/2023 & I.A. No.13630/2020. He also prays for withdrawal of I.A. No.24372/2020, I.A. No.18079/2021 & I.A. No.11310/2022 as the same have rendered infructuous.
Prayer accepted.
Accordingly, the instant applications stand dismissed as withdrawn.
Heard on I.A.No.11368/2020, which is the second application under Section 389(1) of Cr.P.C. for grant of benefit of suspension of remaining jail sentence filed on behalf of sole appellant-Daljeet Kour. Her earlier application (I.A. No.2089/2019) was dismissed on merits vide order dated 1/5/2019.
Present appellant stands convicted under Section 302/120-B of IPC and has been sentenced to undergo Life Imprisonment with fine of Rs.5,000/- each with usual default stipulations vide judgment dated 02/08/2018 passed by First Additional Sessions Judge, Ashoknagar (M.P.) in ST No.16/2011.
Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 7/20/2024 11:33:13 PM (2)As per the prosecution story, present appellant Dajeet is the wife of the deceased Jeet Singh. She had affair with co-accused Bharat Balmiki and which she continued after the marriage. On the date of incident, Bharat came to the house of Daljeet at 02:00 am and left the house at 4:00 am. Thereafter, again he came but the door was opened by the deceased Jeet Singh and while he was going inside, co-accused Bharat has fired a gunshot behind his back. As a result of which, he died on spot. Accordingly, the case has been registered. After completion of investigation, charge-sheet was filed. Thereafter, the Sessions Court upon critical evaluation of evidence placed on record has convicted and sentenced the present appellant as aforesaid for causing death of her husband in conspiracy with the co-accused Bharat.
Learned counsel for the appellant submits that present appellant is innocent and she has been falsely implicated in this matter. It is further submitted that present appellant is a lady and she has already suffered about six and half years' jail incarceration with no criminal past. There is no eyewitness to the incident and only on the basis of 27 memo statement, she has been convicted. It is not a planned murder. As per the statement of co-accused Bharat, he fired a gunshot because he had an apprehension that Jeet Singh might kill him. That apart, since this appeal is of the year 2018, there is no likelihood of an early hearing of the appeal in the near future. There is a strong case in favour of the present appellant. Hence, the execution of the remaining part of the jail sentence of Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 7/20/2024 11:33:13 PM (3) the present appellant be suspended till the final disposal of this appeal.
Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection by submitting that the trial Court after due consideration of the evidence available on record, convicted the present appellant. Hence, she is not entitled to grant benefit of suspension of sentence.
Heard learned counsel for the parties and perused the entire record with due care.
Considering all the facts and circumstances of the case, nature of the allegations leveled against the present appellant and also taking note of the fact that since appeal is of the year 2018, there is no likelihood of an early hearing of the appeal in the near future, we deem it proper to suspend the remaining custodial sentence of the present appellant.
Accordingly, I.A.No.11368/2020 is hereby allowed and it is directed that subject to deposit of fine amount, if not already deposited, and also subject to furnishing personal bond by the appellant-Daljeet Kour in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the present appellant shall remain suspended, till final disposal of this appeal.
The present appellant after being enlarged on bail shall mark her presence before the Registry of this Court on 15/10/2024 and Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 7/20/2024 11:33:13 PM (4) thereafter, on all such subsequent dates, which are fixed in this behalf.
Registry is directed to list the appeal for final hearing in due course.
Certified copy as per rules.
(VIVEK RUSIA) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
(Dubey)
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 7/20/2024
11:33:13 PM