Madhya Pradesh High Court
Smt Neelu @ Neelam Tripathi vs The State Of Madhya Pradesh on 3 March, 2022
Author: Sheel Nagu
1
The High Court Of Madhya Pradesh
CRA No. 1018 of 2022
(SMT NEELU @ NEELAM TRIPATHI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 03-03-2022
Shri Siddharth Datt, learned counsel for the appellants.
Shri S.S. Chouhan, learned G.A. for the respondent/State.
I.A. No.1632/2022, which is an application under Section 389(1) of Cr.P.C.
for suspension of sentence and grant of bail filed on behalf of appellant No.3
Devendra Prasad Tripathi, is taken up and considered alongwith the reply of the
State.
The appellant-accused has filed this appeal against the conviction and sentence
dated 06.01.2022 passed by First Additional Session Judge, Amarpatan, District Satna
(M.P.) in Special Sessions Trial No.182/2019 convicting appellant No.3 u/Ss.302/34,
498-A of IPC and Sec.4 of Dowry Prohibition Act, 1961 and sentenced them to
undergo R.I for life imprisonment with fine amount of Rs.25,000/-, R.I. for three
years with fine of Rs.2000/- and R.I. for one year with fine of Rs.1000/- with default
stipulation.
Prosecution story found to be proved as per the impugned judgment is that co-
convicted person i.e. Jethani and Jeth poured kerosene and set to the deceased on
fire. The deceased died due to burn injury. As regards appellant No.3- Devendra
Prasad Tripathi, who is father-in-law of the deceased, was though present at the spot
but allegation is that he did not save the deceased while she was burning. No other
overtact is alleged against the appellant No.3 who is said to be aged about 67 years
presently.
The appellant was on bail during trial and hearing of appeal will take long time
to conclude and there is no hope of appeal being decided in near future for hearing.
Accordingly, without entering into the merits of the matter, this Court is
inclined to grant bail to appellant by way of suspension of sentence. Hence, I.A.
No.1632/2022 is allowed.
It is directed that jail sentence of appellant No.3 Devendra Prasad Tripathi
will remain under suspension subject to deposit of fine amount, if not already
Signature Not Verified
SAN deposited, and on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand
Digitally signed by SHUBHAM THAKKER
Date: 2022.03.04 17:34:41 IST Only) with two solvent sureties of the like amount to the satisfaction of
concerned available Magistrate for his appearance before concerned available
Magistrate on 28.04.2022 and on such further dates as may be fixed in this regard
which shall be of frequency not less than once a year.
In case, appellant No.3 is found absent on any date fixed by the concerned
available Magistrate, then concerned available Magistrate shall be free to issue and
execute warrant of arrest for securing his presence without first referring the matter
to this Court, provided the Registry of this Court is kept informed.
Learned concerned available Magistrate and the prosecution are directed to
ensure following of Covid-19 precautionary protocol prescribed from time to time
by the Supreme Court, the Central Govt. as well as the State Govt. during release,
travel and residence of the appellant No.3 during period of suspension of sentence
as a consequence of this order.
Also heard on I.A. No.2423/2022, an application for exemption of fine
amount.
The benefit of this order will accrue the appellant No.3 only when he
deposits the entire amount of fine imposed.
Hence, I.A. No.2423/2022 stands dismissed.
A copy of this order be sent to the trial Court concerned for compliance.
C.c. as per rules.
(SHEEL NAGU) (MANINDER S BHATTI)
JUDGE JUDGE
Shub
Signature Not Verified
SAN
Digitally signed by SHUBHAM THAKKER
Date: 2022.03.04 17:34:41 IST
