Rambharosh vs The State Of Madhya Pradesh
2021 Latest Caselaw 9174 MP

                                                                         1                             CRA-7015-2021
                                              The High Court Of Madhya Pradesh
                                                       CRA No. 7015 of 2021
                                                   (RAMBHAROSH AND OTHERS Vs THE STATE OF MADHYA PRADESH)


                                      Jabalpur, Dated : 27-12-2021
                                            Shri Rahul Tripathi, learned counsel for the appellants.

                                            Shri Pankaj Tiwari, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

The appeal being arguable is admitted for final hearing. Record of the trial court be called for.

Learned counsel for the appellants seeks permission to correct the name of appellant No.2. He submits that in the appeal memo, on account of typographical error the name of appellant No.2 is mentioned as "Smt. Sundar Bai"; however, in the impugned judgment the name of appellant No.2 is mentioned as "Sundari Bai".

The oral request made by learned counsel for the appellants is accepted and necessary corrections is directed to be incorporated during the course of the day.

Also heard on I.A.No.20819/2021, an application under Section 389

(1) of the Code of Criminal Procedure, 1973 for suspension of sentence and grant of bail to the appellants-Rambharosh & Smt. Sundari Bai.

T h e appellants stand convicted for the offences punishable under Sections 306 of IPC and sentenced to undergo R.I. for ten years with fine of Rs.2,000/- with default stipulation.

Shri Rahul Tripathi, learned counsel for the appellants submits that there is no ingredients of offence under Section 306 of IPC. Both the appellants are husband and wife. The deceased Ravindra committed suicide on 26.10.2016 and initially there was no F.I.R. registered for a period of more than one month and it is only on 02.12.2016 the F.I.R. was registered against the appellants. He further submits that PW/8 S.L. Bhalavi in Para 2 of his cross examination stated that there were no allegations of abetment for commission of suicide in an initial marg intimation. He also referred the Signature Not Verified SAN

Digitally signed by MOHAMMED MOHSIN QURESHI Date: 2021.12.28 11:31:44 IST 2 CRA-7015-2021 statements of various other witness including PW/3 Rani Parte, who is the sister of deceased. It is further submitted that the learned trial court had not appreciated the evidence in proper perspective; therefore, it has been prayed that jail sentence of the appellants may be suspended and they may be released on bail.

Learned Panel Lawyer for the State opposed the application and prayed for its rejection on the basis of allegations and material available on record.

Heard counsel for the parties and perused the record. Taking into consideration over all facts and circumstances of the case and the fact that the appeal would take considerable long time for its final disposal, without commenting anything on merits, this Court is inclined to suspend the sentence of the appellants till final disposal of this appeal. Hence, I.A.No.22137/2021 is hereby allowed.

It is directed that on depositing the fine amount, if not already deposited, and on furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 14.02.2022 and all other subsequent dates as may be fixed by the concerned Court in this regard till final disposal of this appeal, the remaining part of the substantive jail sentence imposed upon the appellants shall stand suspended and they shall be released on bail.

It is further directed that if appellants are found indulged in any criminal activity during suspension of their jail sentence. The prosecution is at liberty to apply for cancellation of bail in case of breach any of the aforesaid condition or breach of bail bond.

List the matter for final hearing in due course. Certified copy as per rules.

(PURUSHAINDRA KUMAR KAURAV) V. JUDGE Signature Not Verified SAN

Digitally signed by MOHAMMED MOHSIN QURESHI Date: 2021.12.28 11:31:44 IST 3 CRA-7015-2021 mohsin

Signature Not Verified SAN

Digitally signed by MOHAMMED MOHSIN QURESHI Date: 2021.12.28 11:31:44 IST