Ramdas vs The State Of Madhya Pradesh
2021 Latest Caselaw 9123 MP

                                                                        1                                CRA-5644-2021
                                              The High Court Of Madhya Pradesh
                                                       CRA No. 5644 of 2021
                                                    (RAMDAS AND OTHERS Vs THE STATE OF MADHYA PRADESH)


                                     Jabalpur, Dated : 22-12-2021
                                            Shri Anoop Saxena, learned counsel for the appellants.

                                            Shri Sanjeev     Singh    Parihar,   learned   panel lawyer      for   the
                                     respondent/State.

Heard on I.A.No.17777/2021, this is the first application for suspension of jail sentence and grant of bail moved by the appellant No.2 and

appellant No.3 is taken up and considered.

This Criminal appeal assails the judgment dated 15.09.2021 passed in S.T. No.19/2017 by the learned First Additional Sessions Judge, Bijawar District Chhatarpur; whereby the appellant No.2 and 3 have been convicted and sentenced under Section 304-B and 498-A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act for 10 years R.I. and one year R.I. and fine of Rs.1,000/- in two counts, with default stipulations.

Learned counsel for the appellants has drawn the attention of this Court to the statement of mother and father of the deceased recorded as PW-1 and

PW-2, who has stated that there was no conflict with respect to demand of dowry. Appellant No.2 is aged about 71 years, as his date of birth recorded on the Aadhar Card is 01.01.1950. There are omnibus allegation against appellant No.3 - Janki who is Jethani and there are no specific allegations against her. Gorelal has remained in custody from 31.12.2016 to 18.02.2017 during trial, as per the certificate given under Section 428 of Cr.P.C. He is under custody since the date of judgment and Janki Bai - Jethani of the deceased was enlarged on anticipatory bail on 16.12.2016 and is in custody since date of judgment. The amount of fine has already been deposited in the trial Court.

Per contra, learned counsel for the respondent/State has vehemently opposed the application.

In view of the said facts and that there is no likelihood of early disposal Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.12.23 15:23:25 IST 2 CRA-5644-2021 of the appeal in near future, this Court is inclined to grant bail to appellants by way of suspension of sentence.

Accordingly, without expressing any opinion on the merits, I.A.No.17777/2021 is allowed and it is directed that the jail sentence of the appellant No.2 - Gorelal and appellant No.3 - Janki Bai will remain

under suspension subject to the verification that the amount of fine have been deposited, on the appellants furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) 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 30.08.2022 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

AM

Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.12.23 15:23:25 IST