Madhya Pradesh High Court
Gyan Singh vs The State Of Madhya Pradesh on 9 December, 2022
Author: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 3422 of 2022
(GYAN SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 09-12-2022
Shri Sanjay Singh Rajput - Advocate for the appellant.
Shri Pramod Pachouri - Public Prosecutor for the respondent/State.
Heard on IA No.15731 of 2022, which is second application under
Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the
appellant. First application was dismissed as withdrawn vide order dated
05.09.2022.
This Criminal Appeal assails the judgment dated 11.01.2022 passed in
ST No.212 of 2016 by VIth Additional Sessions Judge, Bhind (M.P.) whereby
appellant stood convicted under Sections 323, 498-A, 306 of IPC and
sentenced to undergo 01 year RI, 03 years RI, 07 years RI with fine of
Rs.1,000/-, Rs.2000/-, Rs.5,000/- respectively with default stipulation.
Learned counsel for the appellant submits that the trial Court has wrongly
convicted the appellant without proper appreciation of facts of the case. In view
of the evidence of Dr.B.R. Arya (PW-10), the dying declaration of deceased
becomes doubtful as she was 100% burnt. Further argument is that the
prosecution has not examined material witnesses in respect of the alleged
harassment by the present appellant. The appellant has already suffered almost
one year of incarceration as against seven years R.I. awarded. There are lots of
contradictions and omissions in the statement of the prosecution witnesses. The
appellant has two small children and there is no one in the family to look after
his children. Final hearing of this appeal will take long time. Hence, he prays to
suspend the jail sentence and grant of bail to the appellant.
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 09-12-2022
06:08:26 PM
Counsel for the State vehemently opposed the application and prayed for
its rejection.
Heard learned counsel for the parties and perused the materials available
on record.
Considering the arguments advanced by learned counsel for the parties,
without commenting on merits of the case, I.A.No. 15731 of 2022 is hereby
allowed. Subject to depositing of fine amount, if not already deposited, and on
furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with a
solvent surety of the like amount to the satisfaction of the concerned trial Court,
the remaining jail sentence of the appellant shall remain suspended and he be
released on bail.
The appellant is further directed to mark his appearance before the Office
of this Court o n 06/02/2023 and on subsequent dates given by the Office in
this regard, till final disposal of this appeal.
A copy of this order be sent to the concerned Court below for
compliance.
Certified copy/ e-copy as per rules/directions.
(SUNITA YADAV)
JUDGE
Monika
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 09-12-2022
06:08:26 PM
