Omprakash Gautam vs The State Of Madhya Pradesh
2022 Latest Caselaw 9317 MP

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                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                 CRA No. 4083 of 2022
                                                (OMPRAKASH GAUTAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 11-07-2022
                                           Mr.Aman Dawra, learned counsel for the appellant.

                                           Mr.K.S.Patel, learned Panel Lawyer for the respondent/State.

Heard on the question of admission. The appeal seems to be arguable. The appeal is admitted for hearing.

Considered I.A.No.7659/2022, which is first application under section section 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf

of appellants-Chameli Gautam & Uttam Prakash Gautam.

By the impugned judgment dated 23.4.2022 passed by Third Additional Sessions Judge, Mandla in Sessions Trial No.26/2019 the appellants No.2 & 3 have been convicted for offences under sections 498-A and 304-B of the Indian Penal Code and sentenced to undergo R.I. for 03 years & 07 years and fine of Rs.500/- & Rs.1,000/- respectively with default stipulations.

Learned counsel for the appellants/applicants submitted that applicants are innocent and have been falsely implicated in the crime in question. The appellants are in custody since the date of judgment. The appellants/applicants

are not the main accused. The trial Court has not properly appreciated the oral and documentary evidence available on record. The appellants were on bail during trial and they had not misused their liberty. The appellant No.2 is aged about 50 years. The appellant No.3 is young person. Final disposal of this appeal would take considerable time.Hence, prayer has been made to suspend Signature Not Verified SAN the sentence of the appellants and grant bail. Digitally signed by RAJESH MAMTANI Date: 2022.07.15 18:55:09 IST Learned Panel Lawyer has opposed the prayer for suspension of

sentence and grant of bail.

Considering the over all facts and circumstances of the case; taking into account that the deceased died within a period of one year from the date of marriage by consuming poisonous substance in her matrimonial home in presence of applicants; nature of allegations against the applicants; role attributed to them; quantum of sentenced awarded and period of their custody, this Court is of the opinion that this is not a fit case for suspension of sentence and grant of bail at present. Accordingly, prayer for suspension of sentence stands rejected.

In the result, I.A.No.7659/2022 is dismissed.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.07.15 18:55:09 IST