Madhya Pradesh High Court
Ramdas vs The State Of Madhya Pradesh on 21 July, 2022
Author: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2309 of 2022
(RAMDAS AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 21-07-2022
Mr.Avinash Zargar, learned counsel for the appellant.
Mr.Himanshu Tiwari, learned Panel Lawyer for the respondent/State.
Considered I.A.No.5313/2022, which is first application under section
389(1) of the Code of Criminal Procedure for suspension of sentence and grant
of bail on behalf of appellants, namely, Ramdas and Smt.Shanti Bai.
By the impugned judgment dated 17.2.2022 passed by Second
Additional Sessions Judge, Khurai, District Sagar in Criminal Appeal
No.24/2019 (reversing the judgment of acquittal dt.16.4.2019 passed in Criminal
Case No.95/2019 by JMFC, Link Court, Malthon) the appellants have been
convicted for offences under sections 304-B, 498-A of the Indian Penal Code
and section 4 of the Dowry Prohibition Act, 1961 and sentenced to undergo
R.I. for 07 years, 02 years & 01 year and fine of Rs.5,000/-, Rs.2,000/- &
Rs.1,000/- respectively with default stipulations.
The marriage between the applicant No.1 & deceased was solemnized in
year 2017. The wife (deceased) committed suicide on 05.1.2019 at her
matrimonial home.
Learned counsel for the appellants submitted that appellants are innocent
and have been falsely implicated in the crime in question. The appellate Court
has not properly appreciated the oral and documentary evidence available on
record. The deceased mostly used to reside at her maternal home. The
Signature Not Verified
SAN appellants were on bail during trial and they have not misused their liberty. The
Digitally signed by RAJESH MAMTANI
Date: 2022.07.21 18:40:15 IST appeal would take considerable time to conclude. Hence, prayer has been made
to suspend the sentence and enlarge the appellants on bail.
Learned Panel Lawyer has opposed the prayer for suspension of
sentence.
Considering the over all facts and circumstances of the case; the
deceased mostly used to reside at her maternal home; on the date of incident the
brothers of the deceased were present there but they did not see any cruelty or
harassment by the appellants; the appellants are in jail since the date of
judgment; the appellant No.1 remained in custody for more than 3 years and
appellant No.2 remained in custody for 05 days; period of custody of the
appellants; final disposal of this appeal would take considerable time; and
without commenting on merits of the case, the interlocutory application is
allowed.
I t is directed that subject to depositing the fine amount, if not already
deposited and on furnishing a personal bond each in a sum of Rs.50,000/-
(Rupees Fifty Thousand only) each with one surety each in the like amount to
the satisfaction of the trial Court concerned, the custodial sentence of
appellant No.1- Ramdas and appellant No.2-Smt.Shanti Bai shall remain
suspended and they shall be released on bail for securing their presence before
the trial Court on 15.12.2022 and on such other dates as may be fixed in this
regard during pendency of this appeal.
The appellants shall regularly appear before the trial Court, on each and
every date, without fail.
List this case for final hearing in due course.
Signature Not Verified
SAN
(SMT. ANJULI PALO)
Digitally signed by RAJESH MAMTANI
Date: 2022.07.21 18:40:15 IST
JUDGE
RM
Signature Not Verified
SAN
Digitally signed by RAJESH MAMTANI
Date: 2022.07.21 18:40:15 IST
