Madhya Pradesh High Court

Dasrath Bhagel vs The State Of Madhya Pradesh on 3 July, 2023

Author:
Rohit Arya

Bench:
Rohit Arya
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1045 of 2017
(DASRATH BHAGEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 03-07-2023
Shri R.K. Shrivastava- Advocate for the appellants.

Shri S.S. Kushwaha- Public Prosecutor for the State.
Heard on I.A.No.14014/2022 which is third repeat application under

Section 389(1)
Cr.P.C. filed on behalf of appellant No.5- Smt. Kamla Devi
Baghel for suspension of sentence and grant of bail.
Present appellant stood convicted for the offence punishable under

Section 302
/
IPC and sentenced to life imprisonment with fine of Rs.2000/-;
under
Section 304(B)
IPC and sentenced to life imprisonment with fine of
Rs.2000/- and under
Section 498A
of IPC and sentenced to undergo RI for two
years with fine of Rs.1,000/-, with default stipulations vide judgment of
conviction and sentence dated 29.06.2017 passed in Sessions Trial No.
265/2013.
A s per prosecution story, deceased Gyankunwar was married to co-
accused Dashrath S/o Lajjaram of village Phule Ka Pura. It is alleged that there
has been constant demand of two wheeler from parents of the deceased by her

in-laws and other family members including present appellant. As demand was
not fulfilled, she was mentally harassed and also physically tortured. Several
family members of the deceased including parents had visited the house of her
inlaws on 13.07.2013 where Panchayat was called. The in-laws and other family
members of the deceased were persuaded that the deceased shall not be dealt
with such alleged cruelty and harassment. The parents of the deceased had
come back. However, at about 12 in the night on same day, i.e., 13.07.2013, on
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 7/4/2023
11:42:07 AM
telephone, it was informed that the deceased has passed away. They rushed to
the house on the following morning and found injuries on different parts of the
b o d y of the deceased. Accordingly, FIR was lodged. Investigation started.
Upon collection of incriminating material placed on record, challan was filed
and case was committed to the Sessions Court. The learned Sessions Court,
after critical evaluation of the evidence on record, has convicted and sentenced
the present appellant, as aforesaid.
Shri Shrivastava, learned counsel appearing on behalf of the appellant
No.5, while taking exception to the impugned judgment, inter alia, submits that
present appellant has already undergone jail sentence of six years eight months.

No direct overt act is attributed to the present appellant in any manner
whatsoever. Omnibus allegations have been made against her by one
Ramprakash allegedly having witnessed the scene of occurrence of the incident
when the deceased was allegedly beaten which led to her death. Even he has not
attributed any specific allegation of particular overt act on the part of the present
appellant in the matter of allegedly beating the deceased. It is further submitted
by learned counsel that co-accused/appellants No.2 and 3 have been extended
the benefit of suspension of sentence and grant of bail vide order dated
14.06.2023 and the case of the present appellant is akin to that of co-
accused/appellants No.2 and 3 and thus prays for suspension of sentence and
grant of bail on her behalf.
Per contra, Shri S.S. Kushwah, learned Public Prosecutor appearing on
behalf of the respondent/State, opposes the application supporting the

impugned judgment with submission that the trial Court after critical examination
of the evidence placed on record has come to the conclusion and convicted the
present appellant along with other co-accused persons and hence, no exception

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Signed by: SUNEEL DUBEY

Signing time: 7/4/2023

11:42:07 AM
can be taken in the matter of suspension of sentence.

Upon hearing learned counsel for the parties, though this Court refrains
from commenting on rival contentions touching the merits of the case, but
regard being had to the fact that the present appellant so far has undergone the
incarceration of 06 years and 08 months and co-accused/appellants No.2 and 3
have been extended the benefit of suspension of sentence and grant of bail vide
order dated 14.06.2023, we are of the view that the present appellant deserves
to be benefited by suspension of sentence by allowing the instant application.

Accordingly, it is directed that the jail sentence of appellant No.5- Smt.
Kamla Devi Baghel remain suspended and she be released on bail on furnishing
a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one
solvent surety in the like amount to the satisfaction of the trial Court. Appellant
No.5- Smt. Kamla Devi Baghel is directed to appear before the Registry of this
Court first on 28.08.2023 and on other subsequent dates as may be fixed in
this behalf with following further conditions:-

( i ) the concerned jail authorities are directed that before releasing
appellant No.5- Smt. Kamla Devi Baghel, her medical examination be conducted
through the jail doctor and if it is prima facie found that she is having any
symptom of COVID-19, then the consequential follow up action or any further
test required be undertaken immediately. If not, present appellant shall be

released on bail in terms of the conditions imposed in this order ;

(ii) violation of conditions, State is free to apply for cancellation of bail.

Accordingly, the I.A. stands allowed and disposed of.

Observations on facts, if any, are only for the purpose of disposal of the
instant application for suspension of sentence and shall have no bearing on the

Signature Not Verified

Signed by: SUNEEL DUBEY

Signing time: 7/4/2023

11:42:07 AM
merits of the appeal.

Certified copy as per rules.

(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE

(Dubey)

Signature Not Verified

Signed by: SUNEEL DUBEY

Signing time: 7/4/2023

11:42:07 AM