Arvind Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 4185 MP

             HIGH COURT OF MADHYA PRADESH,
                      BENCH AT GWALIOR
                        Cr.A. No. 2679/2020
           ( Arvind Singh & others Vs The State of M.P.)
                                      (1)

Gwalior, dated : 11/08/2021
      Shri Rajmani Bansal, learned counsel for the appellants.

          Shri Manish Nayak, learned Panel Lawyer for the respondent-

State.

Shri Madhukar Kulshrestha, learned counsel for the

complainant through video conferencing.

IA No. 21074/2021, an application for urgent hearing is

allowed.

Heard on I.A. No.21073/2021, 2nd application under Section

389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved

on behalf of the appellant No. 4-Vikram Singh.

This appeal has been preferred against the judgment dated

29/02/2020 passed by 4th Additional Sessions Judge, District-

Morena (M.P.) in S.T. No.20/2015, whereby the appellant No.4 has

been convicted as under:-

Sections            Sentence            Fine (Rs.)       Default
                                                         Stipulation
304-B of IPC        10 Years RI
498-A of IPC        3 Years RI          3,000/-          3 months RI
4    of     Dowry 2 Years RI            2000/-           2 months RI

Prohibition Act

Prosecution story found to be proved is that appellant No.4-

Vikram brother-in-law of Laxmi (since deceased) along with other

co convicts, was involved in subjecting Laxmi to cruelty and

harassment due to non satisfaction of demand for dowry and

ultimately, on 23/9/2014 Laxmi immolated herself and died during HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No. 2679/2020 ( Arvind Singh & others Vs The State of M.P.)

treatment.

Learned counsel for the appellant No.4 submits that the

appellant No.4 has been wrongly convicted and he was on bail

during trial and he has not misused the liberty granted to him. It is

also submitted that the appellant No.4 is aged about 28 years and he

has undergone the sentence of around one year and six months

months out of the jail sentence of ten years awarded by the Trial

Court. Co-accused persons - Smt. Munni Devi and Preeti have

already been granted the benefit of suspension of sentence vide order

dated 09/03/2021 and dated 09/07/2021 and the appellant No.4

claims parity with the coaccused. It is further submitted that in view

of outbreak of COVID-19, detention of the appellant No.4 in already

congested prison may be detrimental. The appellant is a permanent

resident of District- Morena (M.P.). There are fair chances of success

of this appeal and the appeal may take long time for its conclusion

and the appellant No.4 cannot be kept in custody for an unlimited

period. Under these circumstances, the execution of sentence be

suspended and the appellant No.4 be released on bail.

On the other hand, learned Panel Lawyer appearing on behalf

of the respondent/State opposes the bail application.

Keeping in view of the aforesaid submissions of learned

counsel for the parties and looking to the second waive of COVID-

19 pandemic and to avoid congestion in jails which are hotspots for

spreading of infection and also that there is no likelihood of early HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No. 2679/2020 ( Arvind Singh & others Vs The State of M.P.)

disposal of appeal in near future, I.A. No.21073/2021 is allowed.

It is, therefore, directed that if appellant No. 4 Vikram Singh

deposits the entire fine amount, if not already deposited, and

furnishes a personal bond in the sum of Rs.50,000/-(Rupees Fifty

Thousand Only) with one solvent surety of the like amount to the

satisfaction of trial Court for his appearance before the Registry of

this Court on 8th of November, 2021 and on such subsequent dates

as may be fixed in this regard, sentence of imprisonment awarded to

him shall remain suspended till further orders and he shall be

released on bail.

The appellant No.4 shall also furnish a written undertaking

that he will abide by the terms and conditions of various circulars, as

well as, orders issued by the Central Government, State Government

and local administration from time to time such as maintaining social

distancing, physical distancing, hygiene etc. to avoid proliferation of

Corona virus.

A copy of this order be sent to the trial Court concerned for

compliance.

List the case for final hearing in due course.

Certified copy/e-copy as per rules/directions.

(S.A.Dharmadhikari) Judge Prachi* PRACHI MISHRA 2021.08.1 2 11:30:26 +05'30'