Madhya Pradesh High Court
Akash vs The State Of Madhya Pradesh on 14 February, 2022
Author: Satyendra Kumar Singh
1 Cr.A.No.7168/2019
(Akash and another Vs. State of M.P.)
Indore : Dated 14.2.2022
Shri Ashish Joshi, learned counsel for the appellants.
Shri Sachin Jaiswal, learned Panel Lawyer for the
respondent/State.
Heard on I.A.No.587/2022, an application under Section 389(1)
of Cr.P.C. for suspension of sentence and grant of bail to appellants.
The trial Court has convicted the appellants 306 read with
Section 34 of IPC and sentenced to undergo seven years' RI with fine
of Rs.5,000/- with default stipulation vide judgment of conviction and
order of sentence dated 19.7.2019 passed in S.T. No.161/2018.
Learned counsel for appellants submits that the first application
filed under Section 389(1) of Cr.P.C.on behalf of the appellants was
dismissed vide order dated 6.1.2020. Now the appellants have suffered
more than half period of the jail sentence. Learned counsel for the
appellants further submits that deceased's sister (PW-3) and mother
(PW-6) have admitted that deceased was living at Bhopal, while
appellants were living in village and on the date of incident deceased
came to village. It is alleged that appellants told her to return their
mobile alongwith an amount of Rs.10,000/-. Appellants took deceased
from her house, then she fled away from the spot and thereafter
committed suicide by jumping into the well. Learned counsel for the
appellants further submits that the trial Court has not properly
appreciated the evidence available on record. The appellants have
already suffered half of the sentence. There is no likelihood of hearing
of appeal in near future. In view of aforesaid, learned counsel for the
appellants prays for suspension of remaining jail sentence and grant of
the bail to the appellants.
Learned counsel appearing for the respondent/State opposes the
prayer for suspension of remaining jail sentence and grant of the bail to
the appellants.
(Akash and another Vs. State of M.P.)
Having considered the rival submissions, statements of parents
of the deceased, sister and nature of the allegations made by them
against the appellants and also considering period of custody already
suffered by the appellants, this Court is of the considered view that it is
a fit case for suspension of the sentence and grant of bail to the
appellants. Hence, without expressing any opinion on merits of the
matter I.A.No.587/2022 is allowed and jail sentence of the appellant
shall remain suspended.
It is directed that subject to depositing the fine amount, if already
not deposited, they shall be released on bail, on furnishing a personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along
with separate solvent sureties in the like amount to the satisfaction of
trial Court, for their appearance before the Registry of this Court firstly
on 21.03.2022, and on such other dates, as may be fixed by the
Registry in this regard, till final disposal of this appeal.
I.A.No.587/2022 is allowed.
List in due course.
C.C. as per rules.
(Satyendra Kumar Singh)
Judge
Patil
Digitally signed by
SHAILESH PATIL
Date: 2022.02.14
17:23:33 +05'30'
