Sheshrao vs The State Of Madhya Pradesh
2022 Latest Caselaw 3787 MP

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                                            IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                      CRA No. 1537 of 2022
                                                               (SHESHRAO Vs THE STATE OF MADHYA PRADESH)

                                        Dated : 16-03-2022
                                              Mr. D.K. Mishra, learned counsel for the appellant.
                                              Mr. V.P. Tiwari, learned G.A. for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence admitted for hearing. Heard on I.A.No.2576/2022 which is the first application for suspension of sentence and grant of bail to the appellant who stands convicted vide judgment

dated 24.11.2021 passed by Additional Sessions Judge, Pandhurna District- Chhindwara in ST No.03/2020 for offences punishable under Sections 306 and 498-A of the Indian Penal Code and sentenced to undergo effective R.I. for Five years and a fine of Rs.2,000/- with default stipulation.

Learned counsel for the appellant submits that the appellant has been erroneously convicted by the trial Court without proper appreciation of the evidence on record. It is further submitted by the learned counsel for the appellant that in paragraph no.27 of the judgment of the trial Court, parents of the deceased have turned hostile and have not supported the case of the prosecution at all. The

final disposal of this appeal would take considerable time. Hence, the substantive jail sentence of the appellant be suspended and he be granted bail.

Learned G.A. for the State has vehemently opposed the bail application. Heard learned counsel for the parties and perused the record. It appears from the record that the deceased had expired by consuming poisonous substance at her matrimonial home. In her dying declaration (Ex.P/12), she has stated that she got married with the appellant 10 years ago and the appellant was in habit of quarreling with deceased. On 01.10.2014 also, the appellant refused to send the deceased to her parental home and committed marpeet with her. Due to persistent harassment and tension, the deceased consumed Sulphas tablets and expired.

Signature Not Verified Considering the facts and circumstances of the case, without commenting SAN

upon the merits of the case, I.A. No.2576/2022 is allowed. It is directed that on Digitally signed by S HUSHMAT HUSSAIN Date: 2022.03.16 17:40:56 IST

furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand

Only) with a Surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant shall remain suspended during the pendency of this case 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.2576/2022 stands disposed of. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

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