Raghvendra @ Soni Singh Sikarwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 6024 MP

                                                                          01

            THE HIGH COURT OF MADHYA PRADESH
                         Cr.A-3027/2022
        (Raghvendra @ Sonu Singh Sikarwar Vs. State of M.P.)

Gwalior, Dated: 23.04.2022
          Shri Harshit Sharma, Counsel for the appellant.

         Shri K.S. Tomar, Public Prosecutor for the respondent/ State.

Heard on IA No.5538/2022, an application under Section 389 of

CrPC filed on behalf of appellant for suspension of sentence and grant of

bail.

Vide judgment dated 04.03.2022 passed by Second Additional

Sessions Judge Joura District Morena in Sessions Trial No.265/2015, the

appellant has been convicted as under:-

        Sections (IPC)           Imprisonment                  Fine
306 of IPC                  10Year R.I.              Rs.5000/- with default
                                                     stipulation for three
                                                     month

In brief case of the prosecution is that Rashmi wife of present

appellant has been admitted in Ayushman Hospital Burn Unit. Her dying

declaration was recorded. In her dying declaration, she has stated that she

was married five years before with the appellant. She was having one boy.

Her husband doubts on her character due to which he used to commit

marpeet with her. Due to which she ignited herself. 2-3 days before her

Devar Sandeep alleged her of bad character. In the morning she had a

quarrel with her husband. During quarrel her husband burnt Rs.14,000- in

chula. On 14.05.2015 she powered kerosene oil on her and ignited herself.

On the date of incident father-in-law, mother-in-law and her husband were

present in the house. She ignited herself on the roof. Her Tai Saas and son

Deepu saved her. She died. Crime No. 24/2015 for the offence punishable

under Section 304-B, 302, 306, 498-A of IPC and ¾ of Dowry Prohibition

was registered at Police Station Devgarh Disrict Morena. After

investigation chargesheet has been filed. Appellant is in custody from the

date of judgment, i.e., 04.03.2022. During trial he was in custody from

25.05.2015 to 26.09.2015 . Under these circumstances, he prays for

suspension of sentence and grant of bail.

Learned counsel for the State opposed the application and prayed for

its rejection by contending that on the basis of the allegations and the

material available on record, no case for grant of bail is made out.

Considering the facts and circumstances of the case, but without

commenting anything on the merits of the case, IA.No.5538/2022 is

allowed and it is directed that jail sentence of appellant-Raghvendra @

Sonu Singh Sikarwar will remain under suspension subject to verification

that the amount of fine has been deposited, on appellant's furnishing bail

bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent

surety of the like amount to the satisfaction of concerned Trial Court for his

appearance before the Principal Registrar of this Court on 27th June, 2022

and thereafter on such further dates as may be fixed by the office of this

Court in this regard till disposal of the appeal.

C.c. as per rules.

YOGEND                                           (Deepak Kumar Agarwal)
RA OJHA    ojha                                         Judge
2022.04.

15:24:10
+05'30'