Peerusingh vs State Of M.P.
2021 Latest Caselaw 1770 MP

Citation : 2021 Latest Caselaw 1770 MP
Judgement Date : 4 May, 2021

Madhya Pradesh High Court

Peerusingh vs State Of M.P. on 4 May, 2021

Author: Rohit Arya

1                            Cr.A.No.1448/2020
                 (Peeru Singh and another Vs. State of M.P.)

Indore : Dated 4.5.2021

      Shri Yogesh Purohit, learned counsel for the appellant.

      Shri Prabal Jain, learned Panel Lawyer for the respondent/State.

Heard through video conferencing.

Heard on I.A.No.769/2021, an application for suspension of

sentence on behalf of appellant No.2 Nain Singh.

The appellant has been convicted under Section 304-B/34, 306/34

and 498-A IPC and sentenced to undergo seven years RI with fine of

Rs.3,000/-, five years RI with fine of Rs.2,000/- and one year RI with fine

of Rs.1,000/- respectively, with default stipulation, vide judgment dated

13.12.2019 passed by Addl.Sessions Judge, Susner, District Shajapur in

S.T.No.163/2019.

It is submitted that learned trial Court has wrongly convicted the

appellant. The learned trial Court has not properly appreciated the

evidence. The appellant is in custody since 14.5.2019. The jail sentence

of the co-accused Peerus Singh (husband of the deceased) has been

suspended by this Court on 21.12.2020. Though, there is some allegation

to the misdemeanor of the appellant No.2 Nain Singh having evil eye

over the deceased, however, the conviction is based on allegations of

demand of dowry. The disposal of appeal will take time, hence prayed for

suspension of execution of jail sentence.

The prayer is opposed by the learned Panel Lawyer with

submission that the appellant Nain Singh (father-in-law of the deceased)

(Peeru Singh and another Vs. State of M.P.)

was having evil eye over the deceased. Hence, no indulgence is

warranted.

Taking into consideration that the appellant is in custody since

14.5.2019, the appellant No.1 has been granted bail, the disposal of

appeal will take time, subject to depositing the fine amount, the

application is allowed. It is directed that the jail sentence of the appellant

No.2 Nain Singh shall remain suspended and he be released on bail on

each of them furnishing a personal bond in the sum of Rs.50,000/-

(Rs.Fifty Thousand only) with one solvent surety in the like amount to

the satisfaction of the trial Court. The appellant is directed to appear

before the Registry of this Court on 28.6.2021 and on other subsequent

dates as may be fixed in this behalf with following further conditions:-

(i) the concerned jail authorities are directed that before releasing the appellant, the medical examination of the appellant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action including the isolation/quarantine or any further test required be undertaken immediately. If not, the appellant shall be released on bail in terms of the conditions imposed in this order and shall also be given pass or permit for movement to reach his place of residence;