Sundarlal vs State Of M.P.
2022 Latest Caselaw 3258 MP

                                      1                        Cr.A. 414-2022

    THE HIGH COURT OF MADHYA PRADESH, BENCH INDORE
                            Cr.A. No. 414 of 2022
        ( SUNDARLAL & OTHERS Vs. STATE OF MADHYA PRADESH)
Indore, Dated: 08/03/2022
         Shri M.S.Chouhan with Sonali Soni, learned counsel for the
appellants.
       Shri Bhaskar Agrawal, learned counsel for the State.
      Heard on I.A.No.3047/2022, which is the first application under
Section 389(1) of the Cr.P.C. for suspension of jail sentence of the appellant
No.2 Sajjandevi.
      The appellant has been convicted by the III Additional Sessions

Judge,Ratlam vide judgment dated 30.12.2021 passed in S.T. No.211/2010

and sentenced as under:-

     Conviction                             Sentence
  Section       Act        Imprisonment         Fine       Imprisonment
                                                           in lieu of fine
   304-B        IPC         10 years RI          -                -

      Learned counsel for the appellant has submitted that there are

omnibus allegations levelled against the appellant, who is mother-in-law of

the deceased Beena. It is further submitted that even according to the

deposition of P.W.1 the main allegation is against the appellant No.5 the

husband of the deceased and sentence of some of the appellants have

already been suspended by this Court. It is also submitted the appeal is

likely to take a long time in its final hearing. Under these circumstances,

counsel prays that the application for suspension of jail sentence be

allowed.
                                                  2                       Cr.A. 414-2022

                 On the other hand, learned counsel for the State/respondent opposed

the prayer and prayed for rejection of the application.

Considering the submissions made on behalf of the parties and facts

and circumstances of the case, on perusal of the record as also the

deposition of the P.W.1 & 2, it would be appropriate to suspend the jail

sentence of the appellant.

Accordingly, I.A. No.3047/2022 is allowed and it is directed that on

furnishing personal bond by all the appellant No.2 Sajjandevi in the sum

of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent

surety in the like amount to the satisfaction of the learned trial Court, for

her regular appearance before the concerned trial Court, the execution of

custodial part of the remaining sentence imposed against the appellant No.2

shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark her presence

before the concerned trial Court on 29/04/2022 and on all such

subsequent dates, which are fixed in this regard by the concerned trial

Court.

Certified copy, as per rules.

(Subodh Abhayankar) JUDGE krjoshi

Digitally signed by KHEMRAJ JOSHI Date: 2022.03.09 14:46:59 +05'30'