Saikul Mohammad vs The State Of Madhya Pradesh
2021 Latest Caselaw 8808 MP

                                   1                               CRA-4703-2021
        The High Court Of Madhya Pradesh
                 CRA No. 4703 of 2021
                (SAIKUL MOHAMMAD Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 14-12-2021
       Shri S.K. Singh, counsel for the appellant.

       Ms. Seema Jaiswal, Panel Lawyer for the respondent/State.

Heard on I.A. No.14593/2021, which is an application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted by the trial Court under Section 306

of the IPC and sentenced to R.I. for 10 years with fine of Rs. 10,000/- with default stipulations.

Learned counsel for the appellant has submitted that trial Court has committed error in not appreciating the evidence available on record in proper perspective and in convicting the appellant under Section 306 of the IPC. The prosecution has failed to prove its case beyond reasonable doubt. There are so many omissions and contradictions in the statements of the prosecution witnesses. The independent witnesses have not supported the case of the prosecution. It is further submitted that the appellant is in custody since

7.8.2021 and disposal of this appeal will take considerable time, therefore, jail sentence of the appellant be suspended and he may be released on bail.

Learned Panel Lawyer for the State has opposed the bail application. I have heard learned counsel for the parties at length. The allegation against the appellant is that he abetted the deceased, who happened to be his daughter-in-law to commit suicide by committing maarpeet with her and by harassing her physically and mentally. As per the case of the prosecution, the marriage of the deceased was solemnized with the son of the deceased. The deceased used to reside separately from the appellant along with her husband . The husband of the deceased used to go outstation for the purpose of labour work. The allegation against the appellant is that he used to keep bad eye on the deceased and used to visit her house in the absence of her husband and used to commit maarpeet with her. Piqued by the aforesaid 2 CRA-4703-2021 conduct of the appellant, the deceased committed suicide by hanging herself. There are sufficient evidence available against the appellant for the offence under Section 306 of the IPC.

Considering the nature of allegation levelled against the appellant, the finding recorded by the trial Court in its judgment and also the period of

custody of the appellant, I do not find it a fit case to suspend the jail sentence of the appellant.

Accordingly, the application is hereby dismissed. List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

PB

Digitally signed by PRADYUMNA BARVE Date: 2021.12.15 12:59:14 +05'30'