Madhya Pradesh High Court
Hotilal Yadav vs The State Of Madhya Pradesh on 6 December, 2021
Author: Vishal Mishra
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
Cr.A. No. 6451/2021
( Hotilal Yadav & another Vs The State of M.P. )
(1)
Gwalior, dated : 07/12/2021
Shri Sanjay Gupta, learned counsel for the appellants.
Shri Abhishek Sharma, learned Panel Lawyer for the
respondent-State.
Heard on I.A.No. 32748/2021, first application for
suspension of jail sentence and grant of bail moved by appellant
No.1 Hotilal Yadav and IA No. 31532/2021, first application for
suspension of sentence moved on behalf of appellant No.2. Smt.
Kamla @ Sarla Yadav.
This Criminal appeal assails the judgment dated 12/10/2021
passed in S.T. No. 86/2019 by 6th Additional Sessions Judge, District
Gwalior (M.P.), whereby the appellants have been convicted and
sentenced under Sections 304-B and 498-A of the IPC for 7 years
R.I. And 2 years R.I with fine of Rs.5000/- respectively with default
stipulations.
It is pointed out that the appellants have remained in custody
for a period of 39 months in all out of totally convicted period of
seven years. They have already suffered 50% jail sentence. He is
pressing application on the basis of custody period. Appellants are
stated to be father in law and mother in law of the deceased
respectively. It is further submitted that appellant No.2 is lady. He
has placed reliance by the Supreme Court in the case of Bhagwan
Rana Shinde Gosai & others Vs State of Gujarat 1999 (3) Crimes
54 SC, wherein considering the fact that there is no possibility of
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
Cr.A. No. 6451/2021
( Hotilal Yadav & another Vs The State of M.P. )
getting the appeal decided finally at a early date and considering the
fact that substantial period of custody has already been undergone
by the present applicant, present application is allowed by Hon'ble
Supreme Court. He has further placed reliance upon the judgment of
the Supreme Court in the case of Kamal Vs State of Haryana 2006
(1) SCC (Cri) 756, wherein the Supreme Court considering the fact
that appellant has served substantial period of custody about two
years and 4 months conviction out of seven years conviction, the
application was allowed. He has further placed reliance on the
judgment of the Supreme Court in the case of M. Radha Hari
Seshu Vs State of Telangana, 2020 8 SCC 114, wherein in
identical circumstances when the applicant was convicted under
Section 304-B of the IPC for Life Imprisonment and for Section
498-A of the IPC for three years RI, the Honb'le Supreme Court has
allowed the bail application considering the custody period for more
than three and half years. It is argued that in current case there are
total conviction of seven years out of which the appellants have
suffered 39 months period of custody. They are ready to abide by
all the terms and conditions that may be imposed of this Court while
considering the application for grant of bail.
Per contra counsel for the respondent-state has opposed the
application stating that conviction is of seven years and there is
active participation of the appellants and learned Trial Court has
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
Cr.A. No. 6451/2021
( Hotilal Yadav & another Vs The State of M.P. )
found substance in the statement of witnesses and the prosecution
story is proved but period of custody undergone by the appellants, is
not disputed by the State Counsel.
Considering the overall facts and circumstances of the case,
without expressing any opinion on the merits, I.A.No. 32748/2021
and 31532/2021 are allowed and it is directed that the jail sentence
of the appellants Hotilal Yadav and Smt. Kamla @ Sarla Yadav
will remain under suspension subject to the verification that the
amount of fine has been deposited, on the appellants furnishing bail
bond of Rs. 50,000/- (Rs. Fifty Thousand Only) each with one
solvent surety each in the like amount to the satisfaction of trial
Court concerned for their appearance before the Registry of this
Court on 20/04/2022 and thereafter on such other dates as may
directed by the Registry of this Court in this regard.
List the matter for final hearing in due course of time at its
own turn.
Certified copy as per rules.
(Vishal Mishra)
Judge
Prachi*
PRACHI
MISHRA
2021.12.09
18:03:31
+05'30'
