Madhya Pradesh High Court
Arvind Singh vs The State Of Madhya Pradesh on 9 March, 2021
Author: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
Cr.A. 2679/2020
( Arvind Singh and Ors. Vs. The State of Madhya Pradesh )
(1)
Gwalior, dated : 09/03/2021
Shri Rajmani Bansal, learned counsel for the appellants.
Shri Neeraj Dhamniya, learned Panel Lawyer for
respondent/State.
Heard on I.A. No. 4640/2021, which is First application for
suspension of sentence and grant of bail filed on behalf of the
appellant No. 3/Smt. Munni Devi.
This appeal has been filed against the judgment dated
29/2/2020 passed by IV Additional Sessions Judge (Sessions
Division Morena), Morena in S.T. No.20/2015, whereby the
appellant has been convicted under section 304-B of the IPC and
sentenced to undergo R.I. for 10 years, under section 498A of the
IPC to undergo R.I. for 3 years with fine of Rs.3000/- in default to
suffer R.I. for 3 months and also under section 4 of the Dowry
Prohibition Act to undergo R.I. for 2 years with fine of Rs.2000/- in
default to suffer R.I. for 3 months.
Prosecution story found to be proved is that appellant no.3
Smt. Munni Devi being mother-in-law of Laxmi (since deceased)
along with other co-convicts, was involved in subjecting Laxmi to
cruelty and harassment due to non satisfaction of demand for dowry
and ultimately on 23/9/2014 Laxmi immolated herself and died
during treatment.
Learned counsel for the appellant submits that there is no
specific allegation against the present appellant. As per judgment of
the trial Court, appellant no.3 is now aged about 69 years. She has
suffered incarceration for more than one year. The appellant was on
bail during trial and has never misused the liberty so granted. Prayer
for suspension is made relying on the decision in the case of Anil Ari
Vs. State of West Bengal ((2009)11 SCC 363), wherein benefit of
suspension of custodial sentence was given to the appellant, a
convict u/s 302, IPC, considering his age of 69 years.
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
Cr.A. 2679/2020
( Arvind Singh and Ors. Vs. The State of Madhya Pradesh )
The prayer is opposed by learned Public Prosecutor.
An early hearing of this appeal is not possible. Taking into
consideration the age of the appellant in the light of dictum of the
Apex Court in the case of Anil Ari (Supra), the I.A. is allowed. It is,
therefore, directed that if appellant no.3 namely Smt. Munni Devi
deposits the entire fine amount, if not already deposited, and
furnishes a personal bond in the sum of Rs.50,000/-(Rupees fifty
thousand) with a solvent surety in the like amount, to the satisfaction
of trial Court for her appearance before the Registry of this Court on
15th June 2021, and on such subsequent dates as may be fixed in
this regard, sentences of imprisonment awarded to her shall remain
suspended till further orders and she shall be released on bail. The
appellant shall also furnish a written undertaking that she will abide
by the terms and conditions of various circulars, as well as, orders
issued by the Central Government, State Government and local
administration from time to time such as maintaining social
distancing, physical distancing, hygiene etc. to avoid proliferation of
Corona virus. The appellant shall install Arogya Setu App.(If not
already installed) in the mobile phone.
Learned counsel for the respondent is directed to send an e-
copy of this order to the Station House Officer of the concerned
Police Station for information and necessary action.
E- copy of this order be sent to the trial Court concerned for
compliance, if possible by the office of this Court.
Certified copy/e-copy as per rules/directions.
(S.A.Dharmadhikari)
Judge
Durgekar*
SANJAY N
DURGEKAR
2021.03.09
17:01:34 +05'30'
