Citation : 2021 Latest Caselaw 55 MP
Judgement Date : 22 February, 2021
1 CRA-5184-2020
The High Court Of Madhya Pradesh
CRA-5184-2020
(PAWAN KUMAR SAHU Vs THE STATE OF MADHYA PRADESH)
5
Jabalpur, Dated : 22-02-2021
Mr. P. Dubey, learned counsel for the appellant.
Ms. Seema Jaiswal, learned Panel Lawyer for the respondent/State.
Heard on the question of admission.
Appeal seems to be arguable, hence admitted for hearing. Heard on I.A.No.11048/2020, which is first application for suspension
o f sentence and grant of bail to the appellant who stands convicted vide judgment dated 25.09.2020 passed by 2nd ASJ, Devsar, district - Singrauli in ST No.06.2019 for offences punishable under Sections 304-B, 498-A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act and sentenced to undergo R.I. for 10 years, 3 years with fine of Rs.1000/-, 5 years with fine of Rs.15,000/- and RI for 1 year with fine of Rs.1,000/- and default stipulation.
Learned counsel for the appellant that the trial Court has not considered the evidence on record properly. The marriage of the applicant and the deceased was solemnised in the year 2015. It is stated by the
witnesses that the applicant was working at Mumbai and the deceased committed suicide on 06.10.2018 at her maternal home. At that time the applicant was not present there. The doctor has not found any injury on the body of the deceased except ligature mark on the neck of the deceased. Hence, it is prayed, the substantive jail sentence of the appellant be suspended and he be granted bail.
Learned Panel Lawyer for the State has vehemently opposed the bail application.
Considering the facts and circumstances of the case, without commenting upon the merits of the case, I.A. No.11048/2020 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a Surety in the like amount to the 2 CRA-5184-2020 satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant- Pawan Kumar Sahu shall remain suspended during the pendency of this case and he be released on bail. The appellant shall appear before the Registry of this Court on 15.07.2021 and on all subsequent dates, as may be fixed by the Office in this regard during the pendency of this appeal.
Accordingly, I.A.No.11048/2020 stands disposed of. List the case for hearing in due course
(SMT. ANJULI PALO) JUDGE
ks
Signature Not Verified SAN
Digitally signed by KOUSHLENDRA SHARAN SHUKLA Date: 2021.02.23 18:08:34 IST
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