Raghunath Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 4912 MP

                                      1
                                                        Cr.A.698/2020

        The High Court Of Madhya Pradesh

                         CRA-698-2020
     (RAGHUNATH SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Gwalior dated 01.09.2021

      Shri Rajeev Sharma learned counsel for the appellants.

      Shri   Lokendra     Kumar     Shrivastava,    learned    Public

Prosecutor, for respondent/State.

IA.No.12543/2020, first application u/Sec. 389(1) Cr.P.C.

for suspension of sentence and grant of bail moved on behalf of

appellant No.1 Raghunath Singh is taken up and considered.

This criminal appeal assails the judgment dated 30.12.2019

passed in ST.No.200081/2014 by First Additional District and

Sessions Judge, Vidisha (M.P.) whereby appellant has been

convicted and sentenced as under with default stipulation :-

       Sections            Imprisonment                Fine
302/34 of IPC          Life imprisonment      Rs.1000/- with
                                              default stipulation

I.A.No.12543/2020 has been filed on behalf of the appellant

who happens to be husband of the deceased who died due to burn

injury leaving behind the dying declaration which categorize the

incident to be an accident and was not implicated by the appellant.

Learned counsel for the State, however, submits that the

dying declaration Ex.P/22 is not reliable in the face of Exhibit D/1

which is the statement of the father of the deceased in which he

reveals that when he visited the hospital, his daughter, the

deceased informed him in the injured stage that she was burnt by

Cr.A.698/2020

her husband and in-laws.

What is pertinent is that Exhibit D/1 was recorded three

weeks after the incident with no explanation as to said delay on

the part of the prosecution.

The appellant is in custody for more than one and a half

years. There is no

Considering the above and that there is no likelihood of

early disposal of the present appeal in the near future due to

ongoing Covid-19 pandemic crises, without entering into the

merits of the matter, this Court is inclined to grant bail to

appellant by way of suspension of sentence.

Accordingly, without expressing any opinion on merits,

IA.No.12543/2020 is allowed and it is directed that the jail

sentence of appellant will remain under suspension subject to

verification that the amount of fine has been deposited, on

appellant furnishing bail bond of Rs.50,000/- (Rupees Fifty

Thousand Only) with one solvent surety of the like amount to the

satisfaction of concerned CJM for his appearance before her/him

on 20.12.2021 and on such further dates as may be fixed by

her/him which shall be of frequency not less than once a year.

In case, appellant is found absent on any date fixed by the

concerned CJM then the concerned CJM shall be free to issue and

execute warrant of arrest for securing his presence without first

referring the matter to this Court, provided the Registry of this

Court is kept informed.

Cr.A.698/2020

The learned concerned Magistrate and the prosecution are

directed to ensure following of Covid-19 precautionary protocol

prescribed from time to time by the Supreme Court, the Central

Govt. and as well as the State Govt. during release, travel and

residence of the appellant during period of suspension of sentence

as a consequence of this order.

A copy of this order be sent to the court below for

compliance.

C.c. as per rules.

                (Sheel Nagu)               (Deepak KumarAgarwal)
                  Judge                             Judge


         mani



SUBASRI MANI
2021.09.01
19:31:35
-07'00'