Bhagchand Kachee vs The State Of Madhya Pradesh
2022 Latest Caselaw 3784 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7916 of 2021 (BHAGCHAND KACHEE Vs THE STATE OF MADHYA PRADESH)

Dated : 16-03-2022 Mr. Yogesh Mohan Tiwari, learned counsel for the appellant. Mr. Rajesh Chand, learned Government Advocate for the State.

Record of Court below is available.

Heard on the question of admission.

The appeal is admitted for hearing.

Considered I.A.No..22824/2021, which is first application under

Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant - Bhagchand Kachee.

By the impugned judgment dated 07.12.2021 passed by IIIrd Additional Sessions Judge, Katni (M.P.) in Session Trial No.110/2019 the appellant has been convicted for offences under Section 304-B of the I.P.C. and sentenced to undergo R.I. for 10 years and under Section 4 of Dowry Prohibition Act and sentenced to undergo R.I. for 6 years with fine of Rs.500/-, with default stipulations.

Learned counsel for the appellant/applicant has submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. The appellant is in jail from 31.05.2019. Final disposal of this appeal would take considerable time. Therefore, prayer has been made to suspend the sentence of the appellant/applicant.

Learned Government Advocate has opposed the prayer for suspension of sentence.

Considering the evidence available on record, statement of material witnesses particularly father of the deceased and custody period of the applicant, without commenting on merits of the case, the application is allowed.

It is directed subject to deposit of fine amount, if not already deposited,

and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant - Bhagchand Kachee shall remain suspended during

the pendency of this appeal and he be released on bail.

The appellant shall appear before the concerned trial Court on 26.07.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.22824/2021 stands disposed of. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.03.16 17:56:20 IST