Sundarlal vs State Of M.P.
2022 Latest Caselaw 6299 MP

                                                1                                   CRA No.414/2022



         High Court of Madhya Pradesh, Jabalpur
                     Bench at Indore
            Criminal Appeal No.414/2022
Indore, Dated 27.04.2022
      Shri Manohar Singh Chouhan, learned counsel for appellant
No.5 Anil s/o Sundarlal.
      Shri Mukesh Kumawat, learned Government Advocate for
the respondent / State of Madhya Pradesh.

Heard on IA No.4104/2022, first application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the appellant.

The present appellant has been convicted and sentenced by learned 3rd Additional Sessions Judge, Ratlam, District Ratlam (MP) in Sessions Trial No.211/2010 vide judgment dated 30th December, 2021, as under: -

               Conviction                           Sentence
     Section          Act     RI        Fine         Imprisonment in lieu of fine
                                       amount
      304-B           IPC   10 years     -                        -

Counsel for the appellant has submitted that the present appellant happens to be the husband of the deceased Beena and even according to the deposition of the prosecution witnesses, he was having cordial relationship with his wife, who had by consuming poisonous substance.

Counsel has submitted that the deceased was in depression and was a short tempered, which is also admitted by PW-16 Teena,

who happens to be the sister of the deceased; and there are material omissions and contradictions in the deposition of other prosecution witnesses, as well.

It is further submitted that there is no possibility of early disposal of this appeal in near future. Under these circumstances, counsel for the appellant prays for suspension of jail sentence of the appellant and grant of bail to him.

Counsel for the respondent / State of Madhya Pradesh, on the other hand, opposed the application by submitting that no sufficient ground is made out for releasing the appellant on bail; hence the application filed by the appellant be dismissed.

Having considered the rival submissions and on perusal of the record including the deposition of PW-15 Sunita Rawat as also PW-1 Sitabai (mother of the deceased) and PW-6 Dr. Nirmal Jain, who conducted the postmortem report and has deposited that the deceased has died due to consumption of poisonous substance and there was no marks of external injuries on the body of the deceased, this Court is of the considered opinion that the application for suspension of custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case, IA No.4104/2022 is allowed, subject to depositing the fine amount, if any, and it is directed that on furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his / her regular appearance before

concerned trial Court, the execution of the custodial part of the sentence imposed against the appellant (s) shall remain suspended, till the final disposal of this appeal.

The appellant (s), after being enlarged on bail, shall mark his / her presence before the concerned trial Court on 11.07.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.04.28 16:33:13 +05'30'