Sanju @ Madanmohan vs The State Of Madhya Pradesh
2022 Latest Caselaw 8900 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 4516 of 2022 (SANJU @ MADANMOHAN Vs THE STATE OF MADHYA PRADESH)

Dated : 04-07-2022 Shri Aishwarya Sahu, counsel for the appellant.

Ms. Pushpanjali Dwivedi, Panel Lawyer for the State. Heard on question of admission.

Admit.

Heard on I.A.No.8693/2022, which is first application under Section 389 (1) of Cr.P.C. on behalf of appellant-Sanju @ Madanmohan for suspension of sentence and

grant of bail.

By the impugned judgment dated 13.05.2022 passed by the Third Additional Sessions Judge, Itarsi, District Narmadapuram in Sessions Trial No.100095/2014. The appellant has been convicted by the trial Court under Section 4 of Dowry Act and Sections 498-A and 306 of Indian Penal Code and sentenced to undergo R.I. for 2 years with fine of Rs. 1000/-, R.I. for 3 years with fine of Rs. 500/- and R.I. for 5 years with fine of Rs. 500/- respectively with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has falsely b een implicated in the crime in question. The appellant is in custody since the

date of judgment i.e. 13.5.2022. He was on bail during trial. The deceased committed suicide in the matrimonial home. Marriage was performed nine years ago and they have four children out of their wedlock. Final disposal of appeal would take considerable time. Hence, prayer has been made to suspend the sentence of the appellant.

Learned Govt. Advocate has opposed the application. Signature Not Verified SAN Looking to the nature of allegation against the appellant and period of jail sentence awarded to the appellant and served by the appellant, I find it to be a fit case to suspend Digitally signed by NITESH PANDEY Date: 2022.07.04 18:35:41 IST

the custodial sentence of the appellant and to release him on bail, therefore, without commenting on the merit of the case, this application is allowed.

It 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 Sanju @ Madanmohan 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.

List this matter for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

Nitesh

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2022.07.04 18:35:41 IST