Anil Shukla vs The State Of Madhya Pradesh
2022 Latest Caselaw 8812 MP

                                                                         1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                  CRA No. 3234 of 2022
                                                    (ANIL SHUKLA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 01-07-2022
                                           Mr.Shiv Kumar Dubey, learned counsel for the appellant.

                                           Ms.Papiya Ghosh, learned Panel Lawyer for the respondent/State.

Considered I.A.No.11860/2022, which is first application under section 389(1) of Cr.P.C. on behalf of appellant-Anil Shukla for suspension of sentence and grant of bail.

By the impugned judgment dated 29.3.2022 passed by the First

Additional Sessions Judge, Mauganj, District Rewa in Sessions Trial No.08/2017 the appellant No.1/applicant has been convicted for offences under sections 304-B and 498-A of the Indian Penal Code and sentenced to undergo R.I. for 07 years and 03 years and fine of Rs.1,000/- & Rs.1,000/- respectively with default stipulations.

Learned counsel for the appellant submitted that appellant/applicant is innocent and has been falsely implicated in the crime in question. The appellant/applicant is in custody since the date of judgment. He was on bail during trial. The deceased committed suicide in the matrimonial home. Marriage

was performed five and half years ago. Final disposal of appeal would take considerable time. Hence, prayer has been made to suspend the sentence of the appellant.

Learned Panel Lawyer has opposed the prayer for grant of bail and suspension of sentence.

Signature Not Verified SAN Considering the over all facts and circumstances of the case; the Digitally signed by RAJESH MAMTANI Date: 2022.07.01 17:40:25 IST appellant husband of the deceased is in custody since 29.3.2022; disposal of

appeal would take considerable time; deceased committed suicide in matrimonial home in absence of appellant; marriage was performed five and half years ago; appellant was on bail during trial; other appellant/accused persons have been enlarged on bail; and without commenting on merits of the case, this 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 in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant No.1/applicant, namely, Anil Shukla shall remain suspended and he shall be released on bail

for securing his presence before the trial Court concerned on 10.11.2022 and on such other dates as may be fixed in this regard.

I.A.No.11860/2022 is allowed.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.07.01 17:40:25 IST