Yati @ Avinash vs The State Of Madhya Pradesh
2022 Latest Caselaw 3574 MP

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           The High Court Of Madhya Pradesh
                    CRA No. 6900 of 2021
                    (YATI @ AVINASH Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 14-03-2022
      Shri Rajesh Kumar Tiwari, learned counsel for the appellant.

      Shri Teekaram Kurmi, learned Panel Lawyer for the respondent/State.

Shri Mukesh Pandey, learned counsel for the objector. Trial Court record has been received.

Learned counsel for the parties are heard on admission. Prima facie this appeal seems to be arguable. Hence, admitted for final

hearing.

Also heard on I.A.No.20533/2021, application for suspension of sentence and grant of bail under Section 389 (1) of Cr.P.C..

The appellant has been convicted under Section 306 of IPC and sentenced to undergo R.I. for 5 years and fine of Rs.20,000/- with default stipulation.

Learned counsel for the appellant has submitted that appellant has not committed any offence. There is no evidence of investigation against him on the record, even then on the basis of suicide note written by deceased trial Court has convicted the appellant. Learned counsel for the appellant further submitted that

even if the prosecution evidence is taken into consideration in toto, no case is made out against him. He has fair chances to succeed in this appeal. Appellant is in jail for last four months. Therefore, he prays that remaining jail sentence of appellant may be suspended.

Learned counsel for the objector and learned P.L. for the State have opposed the said application and have submitted that there is sufficient evidence on record against the appellant for investigating the deceased to commit suicide. On the basis of availability of the evidence on record, appellant has rightly been convicted by the trial Court. Therefore, they have prayed for dismissal of the application.

On a perusal of the impugned judgment and trial Court record, it reveals that appellant has been convicted for the commission of offence under Section 306 of IPC and has been sentenced to undergo R.I. for 5 years and fine of Rs.20,000/-

with default stipulation. I have gone through suicide note Exhibit P-19, evidence of Mamta mandale (PW-6) wife of deceased and evidence of Prateek Mandale (PW-

9) son of deceased. Without expressing any opinion on the merits of the case, I am of the view that it is a fit case in which bail can be granted to the appellant

because final hearing of this appeal is not possible in near future.

Accordingly, aforesaid I.A.No.20533/2021 is allowed. The execution of jail sentence of appellant- Yati @ Avinash subject to depositing of fine amount, if not already deposited, is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the Registry of this Court on 29.08.2022 and also on such other dates, as may be fixed by the Registry in this regard during the pendency of this appeal.

List this case for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

L.R.

Digitally signed by LALIT SINGH RANA Date: 2022.03.14 18:37:39 +05'30'