Soram Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1744 MP

          HIGH COURT OF MADHYA PRADESH,
                  BENCH AT GWALIOR
                    Cr.A. No. 5391/2019
            ( Soram Singh Vs The State of M.P. )
                                     (1)

Heard through video conferencing.
Gwalior, dated : 03/05/2021
       Shri F.A. Shah, learned counsel for the appellant.
       Mrs. Padamshri Agarwal, learned Panel Lawyer for the
respondent-State.

Heard on I.A. No.23851/2020, second application for

suspension of sentence and grant of bail. Earlier first IA (IA No.

8598/2019)was dismissed as withdrawn vide order dated

08/01/2020.

This appeal has been preferred against the judgment dated

09/05/2019 passed by First Additional Sessions Judge, Mungawali

District Ashoknagar (M.P.) in S.T No. 51/2012 whereby the

appellant has been convicted under sections 304-B and 306 of the

IPC and sentenced to undergo ten years RI with fine of Rs. 5000/-

and seven years RI with fine of Rs. 2000/ respectively.

Prosecution story found proved is that appellant's marriage

was solemnized with the deceased in the year 2011 and appellant

was involved in subjecting the deceased to cruelty and harassment

and due to non fulfillment of demand of dowry and ultimately on

27/01/2012, she committed suicide by hanging herself in her

matrimonial home.

Learned counsel for the appellant submits that the the Court

below has wrongly convicted the appellant. Out of the awarded jail

sentence, he has already suffered incarceration of two years and two

months. It is further submitted that disposal of this appeal is likely to

take time and in view of COVID-19 outbreak,detention of appellant HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No. 5391/2019 ( Soram Singh Vs The State of M.P. )

in already congested prisons may be detrimental. With the aforesaid

submissions, prayer for suspension of sentence is made.

The prayer is opposed by learned Panel Lawyer.

An early hearing of this case is not possible. Taking into

consideration the overall facts and circumstances of the case, the I.A.

is allowed

It is, therefore, directed that if appellant deposits the entire

fine amount, if not already deposited, and furnishes a personal bond

in the sum of Rs.50,000/-(Rupees fifty thousand Only) with a

solvent surety in the like amount to the satisfaction of trial Court for

his appearance before the Registry of this Court on 14th December,

2021 and on such subsequent dates as may be fixed in this regard,

sentences of imprisonment awarded to him shall remain suspended

till further orders and he shall be released on bail.

The appellant shall furnish a written undertaking that he 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.

Certified copy/e-copy as per rules/directions.

(S.A.Dharmadhikari) Judge Prachi*

PRACHI MISHRA 2021.05.04 10:46:04 +05'30'