Khilan vs The State Of Madhya Pradesh
2022 Latest Caselaw 8090 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                            CRA No. 917 of 2017
                (KHILAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 20-06-2022
      Shri A.S.Jadaun, learned counsel for the appellant.

      Shri Sushant Tiwari, learned Public Prosecutor for the respondent/State.

Heard on IA.No.30989/2021, 1st application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Khilan Prajapati.

I n brief, prosecution case is that Vishanbai, wife of Khilan Singh,

committed suicide on 11.6.2015. Merg was recorded. After Merg enquiry, offence under Section 306, 201 of IPC was registered. Marriage of the deceased was solemnized with Khilan Singh 10-12 years before her death. From their wedlock, no child was born, due to which dispute arose between them. Her last rites was performed without informing her family members. After trial, appellant has been convicted by the Third Additional Sessions Judge, Guna, vide judgment dated 8.7.2017 in Sessions Trial No.222/2015 for the offence punishable under Sections 306 and 201 of IPC and sentenced to undergo 10 years RI with fine of Rs.2,000/- and three years RI with fine of Rs.1,000/-

respectively.

I t is submitted by learned counsel for the appellant that during trial appellant remained in custody from 8.7.2015 to 23.12.2015 and after judgment since 8.7.2017 he is in custody. Amount of fine has been deposited by him. He has a good case on merits. Final hearing of the appeal will take time. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its

rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.30989/2021 is allowed and it is directed that jail sentence of appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 12th December, 2022 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

MADHU SOODAN PRASAD 2022.06.20 18:08:36 +05'00'