Madhya Pradesh High Court
Ganesh Ladiya vs The State Of Madhya Pradesh on 29 June, 2021
Author: Prakash Shrivastava
1 CRA-889-2021
The High Court Of Madhya Pradesh
CRA-889-2021
(GANESH LADIYA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 29-06-2021
Heard through Video Conferencing.
Shri Sharad Verma, learned counsel for the appellant.
Shri A. Rajeshwar Rao, learned Government Advocate for the State.
Heard on I.A. No.2168/2021, which is first application for suspension
of sentence of appellant- Ganesh Ladiya.
The appellant has been convicted for the offence under Section 302 of
IP C and sentenced to R.I. for life with fine of Rs.15000/- with default
stipulation.
The wife of the appellant, namely, Jyoti Ladiya had died on account of
burn injury and the appellant was prosecuted. He has been acquitted for
offence under Section 306 or 306/34 and 304-B or 304-B/34 of the IPC but
has been convicted for offence under Section 302 of the IPC.
Learned counsel for the appellant submits that the incident had taken
place on 03.09.2018 whereas Jyoti had died on 08.09.2018 and the FIR has
been lodged on 14.10.2018 after a gap of more than 40 days and in the
meanwhile there was no allegation against the appellant. He has also referred
to the statement of PW-1 Kodulal Ladiya, one of the relative of the deceased;
PW-2 Dev Singh, father of the deceased; PW-3 Parvati Bai, mother of the
deceased; and PW-14 S.N. Pathak, I.O. and has submitted that the vague
allegation has been made in the statements and the I.O. has admitted in
paragraph 10 and 16 of the statement that it was an accident and no allegation
was made by the family members of the deceased against the appellant for
more than a month. He has also submitted that the appellant has remained in
custody for more than three years and the hearing of the appeal is likely to
take time.
Learned counsel for the State has opposed the suspension application
2 CRA-889-2021
and has referred to the statement of PW-1 Kodulal Ladiya as also paragraph
34, 37 and 48 of the judgment of the Trial Court.
Having regard to the fact that there is no eye-witness of the incident
and that no allegation was made by the family members of the deceased for
about one month after the incident and also considering the nature of
statement of PW-1 Kodulal Ladiya, PW-2 Dev Singh, PW-3 Parvati Bai
and PW-14 S.N. Pathak and also taking note of the fact that the appellant is in
custody since the time of registration of FIR and that hearing of the appeal is
likely to take time, we are of the opinion that a case for grant of suspension of
sentence is made out.
Accordingly, I.A. No.2168/2021 is allowed. It is directed that on
deposit of fine amount, if not already deposited and on furnishing personal
bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only) with
separate surety bond in the like amount to the satisfaction of the Trial Court
for his appearance before the Registry of this Court on 23.08.2021 and on
subsequent dates as may be fixed by the Registry of this Court, the appellant
Ganesh Ladiya be released on bail and the substantive sentence under
appeal shall remain suspended.
Certified copy as per rules.
(PRAKASH SHRIVASTAVA) (ARUN KUMAR SHARMA)
JUDGE JUDGE
DV
Digitally signed by
DINESH VERMA
Date: 2021.06.30
16:02:25 +05'30'
