Sukhiyabai vs The State Of Madhya Pradesh
2022 Latest Caselaw 6111 MP

                                         1

       IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR

                          CRA No. 5580 of 2019
          (SUKHIYABAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated:25.04.2022
      Ms. Kalpana Parmar, learned counsel for the appellant.

      Shri Kaushalendra Singh Tomar, learned Public Prosecutor, for

the respondent/State.

Heard on I.A.No.4259/22, second application under Section

389 of Cr.P.C. filed by appellant No.2 Sitaram for suspension of

sentence and grant of bail. First application I.A.No.5580/2019 was

dismissed as withdrawn vide order dated 16.03.2021.

Vide judgment dated 07.06.2019 passed by Second Additional

Sessions Judge, District Guna, in S.T.No.105/17 by which the

appellant has been convicted and sentenced as under:

Section Sentence Fine In default stipulation 306 of IPC 10 years Rs.10,000/- 2months RI R.I.

498-A of 3 years R.I. Rs.5,000/- 6 months IPC

During trial, appellant was in custody for 61days. Appellant is

in custody from the date of judgment i.e. on 07.06.2019.

In brief, prosecution case is that on 13.02.0217 in the morning at

8 A.M. Sitaram, appellant/accused and husband of the deceased Raj

Kumari gave an information to A.S.I. Ajay Singh, Police Station

Banmori, District Guna that on 12.12.2017 at 7 P.M. when he came

after labour work, he saw that his wife Rajkumari has committed

suicide by hanging. A marg No.4/17 was recorded. Dead body

panchnama was prepared. After preparing dead body panchnama, dead

body was sent for postmortem. As per postmortem report, deceased

was died due to strangulation as a result of hanging. During marg

enquiry, statement of uncle of the deceased Ramesh Babu and brother

of the deceased were recorded. In their statement, they alleged that

appellant-Sitaram used to marpeet with the deceased after taking

liquor.

From the side of appellant/accused, it is submitted that appellant

has been falsely implicated. Fine amount has been deposited.

Conclusion of the trial will take time. Therefore, prays for suspension

of sentence and grant of bail.

Heard learned counsel for the parties at length.

Considering the aforesaid facts and circumstances of the case

and looking to the period of custody without commenting anything on

merits of the case, I.A.No.4259/22, is allowed. Subject to verification

of fine amount amount deposited by the appellant and on furnishing a

personal bond in the sum of Rs.50,000/- (Rupees Fifty

thousand only) with one solvent surety in the like amount to the

satisfaction of the concerned trial Court, the remaining jail sentence

of the appellant shall remain suspended and he shall be released on

bail.

The appellant shall firstly appear before the Registry of this

Court on 12.07.2022 and thereafter on all other subsequent date

as may be fixed by the Registry in this regard, till disposal of this

appeal.

C.C.as per rules.

                                               (Deepak Kumar Agarwal)
mani                                                 Judge

 SUBASRI MANI
 2022.04.25
 18:11:45
 -07'00'