Shivam Singh Tomar vs The State Of Madhya Pradesh
2021 Latest Caselaw 8707 MP

                                                    01Cr.A.9894/2019

             HIGH COURT OF MADHYA PRADESH

                          Cr.A. No. 9894/2019

          (Sivam Singh Tomar & Anr. vs. State of M.P. )

Gwalior, Dated: 13.12.2021
      Shri Anmol Khedkar, learned counsel for the appellants.

      Shri Lokendra Shrivastava, learned Public Prosecutor for the

respondent/State.

Per Justice Deepak Kumar Agarwal:

IA.No.9141/2020, IInd application u/Sec. 389 of Cr.P.C. for

suspension of sentence and grant of bail filed on behalf of appellant

No.2 - Sangram Singh is taken up and considered.

This criminal appeal assails the judgment dated 12th October,

2019 passed in S.T.No.218/2018 by the Second Additional Sessions

Judge, Ambah, District Morena, whereby appellant No.2 has been

convicted and sentenced as under:-

 Sections (IPC)      Imprisonment         Fine
304-B               Life
                    Imprisonment
498-A               three years RI   Rs.1,000/-      three months
                                                     Addl. RI
section 4 of    one year RI          Rs.1,000/-      three months
Dowry                                                Addl.RI
Prohibition Act

It is submitted by learned counsel for the appellant that

appellant No.2 is father in-law of the deceased. His first application

for suspension of sentence was dismissed vide order dated

17.01.2020. It is further submitted that the appellant is in custody 02Cr.A.9894/2019

since 25.04.2018.

Allegation against the present appellant is that on 9.2.2018 at

10.25 PM, husband of the deceased gave information to Police Station

Sihonia, District Morena alleging that on 9.2.2018 at 12 in the noon

he had gone to field. His wife and mother were in the house. When

at 5.00 PM he returned from field he saw that door of the room was

closed. He called his wife but she did not answer, then he forcefully

opened the door and entered into the room. He saw his wife is

hanging on the roof. When he broke the noose from her neck, he

found that she is no more. On his information marg under section 174

was recorded and the deceased was sent for medical examination.

The statements of mother and father of the deceased were

recorded. They alleged that due to demand of dowry their daughter

was subjected to cruelty. Afterwards, offence under section 304-B

IPC was registered. After trial, the appellant has been convicted for

the aforesaid offence.

On going through the evidence of prosecution witnesses, it

prima facie appears that only omnibus allegations regarding demand

of motorcycle and Rs.50,000/- were made against the appellant and

there is no evidence that deceased was subjected to cruelty soon

before her death.

Learned counsel for the State opposed the application and

prayed for its rejection by contending that on the basis of the

allegations and the material available on record, no case for grant of bail 03Cr.A.9894/2019

is made out.

Considering the facts and circumstances of the case, but

without commenting anything on the merits of the case, IA.No.

9141/2020 is allowed and it is directed that jail sentence of appellant

No.2-Sangram Singh Tomar will remain under suspension subject to

verification that the amount of fine has been deposited, on appellant's

furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only)

with one solvent surety of the like amount to the satisfaction of

concerned Trial Court for his appearance before the Principal

Registrar of this Court on 28th March, 2022 and thereafter on such

further dates as may be fixed by the office of this Court in this regard

till disposal of the appeal.

C.c. as per rules.

(Rohit Arya)                    (Deepak Kumar Agarwal)
  Judge                                  Judge


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