Smt. Meera Bai vs State Of Rajasthan

Learned Public Prosecutor Shri N.S. Bhati has chosen not to file reply to the instant application for suspension of sentences. He proposes to argue the matter orally.

Heard on the application for suspension of sentences.

Perused the material available on record.

Shri Shah, learned counsel representing the accused applicant vehemently and fervently urges that there is no evidence worth the name on record of the case to prove that the appellant-applicant murdered her mother-in-law, the deceased Chokli. The dead body of Smt.Chokli was recovered from a Nala near the Jungle. The cause of death of deceased Chokli was opined to be strangulation as per the evidence of PW.13 Dr. Devendra Choudhary. Learned Counsel submits that as strangulation was mode of murdering the deceased, manifestly, there was no possibility of blood stains resulting on the clothes of the deceased and the accused appellant and thus, as per him, the entire proceedings of getting the clothes of the deceased and the accused compared from the FSL are fabricated and is nothing but a design of the Investigating Officer to somehow create evidence against the accused appellant. He urged that neither there is any evidence of last seen nor any strong motive which could be imputed to the accused applicant for murdering the deceased Chokli. He thus, craves acceptance of the instant application for suspension of sentences.

Learned Public Prosecutor, on the other hand, vehemently and fervently opposed the submissions advanced by the learned counsel representing the accused appellant. He urged that the blood clots were noticed on the upper lip of the deceased when conducting postmortem and thus, the possibility on the clothes of the deceased as well as the accused being stained by blood cannot be totally ruled out. He thus, urged that the accused does not deserve indulgence of bail.

The entire prosecution case is based purely on circumstantial evidence. There is no evidence of such last seen. There is a weak evidence of motive attributed to the accused applicant inasmuch as it is alleged that she used to quarrel with the deceased. However, the admitted prosecution case is that the accused applicant had taken up a separate residence for the last 5-6 years. Whether or not in a case involving murder of strangulation, the clothes of the deceased or the accused could get blood stained would be for this Court to consider when the appeal is finally heard. However, we feel that the applicant has available to her strong grounds so as to challenge her conviction as recorded by the trial court. Thus, it is considered to be a fit case so as to suspend the sentence awarded to him.

Accordingly, the instant application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by learned Addl. Sessions Judge No.1, Udaipur vide judgment dated 22.11.2018 in Sessions Case No.43/2017 (CIS No.195/2017) against the appellant- applicant Smt. Meera Bai W/o Shri Nanalal Rawat shall remain suspended till final disposal of the aforesaid appeal and she shall be released on bail, provided she executes personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for her appearance in this Court on 12.04.2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.