Shiv Prasad Singraul vs The State Of Madhya Pradesh
2021 Latest Caselaw 2246 MP

                                   1                              CRA-5464-2020
        The High Court Of Madhya Pradesh
                   CRA-5464-2020
              (SHIV PRASAD SINGRAUL Vs THE STATE OF MADHYA PRADESH)

6
Jabalpur, Dated : 10-06-2021
      Heard through Video Conferencing.
      Mr. Rajesh Kumar Sen, Advocate for the appellant.
      Mr. Gaurav Tiwari, Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.867/2021 an application for suspension of sentence and grant of bail to the appellant who stands convicted for the offence punishable under Sections 306 and 498-A of the Indian Penal Code and sentenced to undergo R.I. for ten years with fine of Rs.1,000/- and three years with fine of Rs.1,000/- respectively with default stipulations.

Learned counsel for the appellant submits that the appellant has falsely been implicated in the aforesaid offence as the marriage was solemnized 25 years ago from the date of incident and it was a normal dispute between the husband and wife as a result the appellant's wife committed suicide. He

submits that the ingredients as required to constitute an offence under Section 306 of the IPC has not been fulfilled. He also submits that the appellant has already been suffered imprisonment for a period of four years, he was in jail during trial, therefore, considering the appellant's custody period, his jail sentence may be suspended and he may be enlarged on bail.

On the other hand, learned Panel Lawyer has opposed the prayer made by learned counsel for the appellant and submits that the judgment passed by the Court below is based upon the statement of Arti (PW-2), Renu (PW-6) and Hanumandeen (PW-1). He submits that on considering the statement of Arti (PW-2) and Renu (PW-6), it is clear that the argument advanced by learned counsel for the appellant does not appear to be proper and on the contrary, prima facie, the conviction is based upon the sound reasoning and 2 CRA-5464-2020 material available on record.

Considering the arguments advanced by learned counsel for the parties and on perusal of the record, I am not inclined to suspend the jail sentence awarded to the appellant and enlarge him on bail. However, liberty is granted to the appellant to move a fresh application for suspension of his jail sentence only after serving half of his awarded jail sentence.

Accordingly, I.A. No.867/2021 stands rejected.

(SANJAY DWIVEDI) JUDGE

Devashish

Digitally signed by DEVASHISH MISHRA Date: 2021.06.11 11:46:42 +05'30'