Sukhiyabai vs The State Of Madhya Pradesh
2022 Latest Caselaw 2936 MP

                                           1

              HIGH COURT OF MADHYA PRADESH
                        CRA No. 5580 of 2019
          (SUKHIYABAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated:02.03.2022
      Ms. Kalpana Parmar, learned counsel for the appellant.

      Shri BPS Chauhan, learned Public Prosecutor for the

respondent/State.

      Heard     on I.A.No.677/2022 third repeat application under

Section 389 of Cr.P.C. filed by appellant No.3            for suspension of

sentence and grant of bail.

      Vide judgment dated 7.6.2019 passed by learned                    Second

Additional Sessions Judge, Guna           (M.P.) in S.T.No.105/2017, the

appellant has been convicted and sentenced as under:

      Section       Sentence    Fine           In default stipulation
      306 of IPC 10 years RI Rs.10,000/ two years RI
                             -

      498-A     of 3 years RI   5,000/-        six months
      IPC

In brief the facts of the case are that on 13.2.2017 husband of the

deceased Sitaram Ahirwar lodged a report Police Station Banmori,

District Guna that he wen to do his job. When he returned he found

that his wife Raj Kumari committed suicide by hanging. A marg No.

4/17 was recorded and postmortem was conducted. After marg

enquiry sections 306 and 498-A of IPC bearing crime No18/17 against

husband, brother-in-law and mother-in-law of the deceased. After

investigation, charge sheet has been filed. After trial accused Ram

Singh along with others were convicted.

It is submitted by learned counsel for the appellant that during

trial he was in custody for 51 days and from the date of judgment till

today he is in custody The fine amount has already been deposited.

Learned counsel for the appellant further submits that hearing of this

appeal shall take considerably long time. Under these circumstances,

he prayed to suspend the jail sentence of the appellant and grant bail.

Heard learned counsel for the parties through and perused the

record.

Considering the facts and circumstances of the case and looking

to the custody period, appeal is of the year 2019 and the final outcome

of appeal will take time, but without commenting anything on the

merits of the case, IA.No. 677/2022 is allowed and it is directed that

jail sentence of appellant will remain under suspension subject to

verification that the amount of fine has been deposited, on appellant

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 13th June, 2022 and thereafter on such

further dates as may be fixed by the office of this Court in this regard

till disposal of the appeal.

C.c. as per rules.

                                      (Deepak Kumar Agarwal)
vv                                          Judge
               VALSALA
               VASUDEVAN
               2022.03.03
               10:15:15
               +05'30'