Raju vs The State Of Madhya Pradesh
2022 Latest Caselaw 3190 MP

                                                                        01

          THE HIGH COURT OF MADHYA PRADESH
                             CRA 1257/2021
                       (Raju Jatav Vs. State of M.P.)

Gwalior, Dated: 07.03.2022
      Shri Prasoom Maheshwari, learned counsel for appellant.

       Shri      Kaushlendra   Singh,   learned   Public   Prosecutor   for

respondent/State.

Heard on admission.

Appeal being arguable, is admitted for final hearing.

Also heard on IA No.30897/2021, first application under Section

389 of CrPC filed on behalf of appellant for suspension of sentence and

grant of bail.

Vide judgment dated 30.01.2021 passed by Additional Judge to

Additional Sessions Judge, Pichhore District Shivpuri in S.T.

No.198/2016, the appellant has been convicted under 304-B of IPC and

sentenced to undergo for 10 years R.I., 498-A of IPC and sentenced to

undergo for 02 years R.I. and 4 of Dowry Prohibition Act and sentended

to undergo for 1 year R.I. with fine of Rs.1000/- and Rs.500/- with

default stipulation.

As per prosecution case, marriage between appellant and

deceased was solemnized on 09.03.2015. The deceased died on

31.07.2016 due to hanging on account of dowry demand related cruelty.

The appellant has suffered more than two years and three months

of custody period as against 10 years of sentence awarded.

Learned counsel for the appellant submits that during trial,

appeal was on bail, but he did not misuse the liberty so granted. Final

hearing of the appeal is likely to take time. Fine amount has already

been deposited by the appellant. On such premises, learned counsel

for the appellant prayed for suspension of sentence.

Prayer is not opposed by the State counsel.

Considering the aforesaid facts and circumstances of the case,

without commenting anything on merits of the case, the application

for suspension of sentence is allowed. Subject to verification of fine

amount amount deposited by the appellant and on furnishing a

personal bond in the sum of Rs.50,000/- (Rupees fifty thousand

only) with one solvent surety in the like amount to the satisfaction of

the concerned trial Court, the remaining jail sentence of the appellant

shall remain suspended and he shall be released on bail.

The appellant shall firstly appear before the Registry of this

Court on 20th June, 2022 and thereafter on all other subsequent dates

as may be fixed by the Registry in this regard, till disposal of this

appeal.

C.C. as per rules.

YOGENDRA
OJHA
                                       (Deepak Kumar Agarwal)
2022.02.21                                   Judge
01:45:35
     ojha
+05'30'