Ranveer vs The State Of Madhya Pradesh
2022 Latest Caselaw 13603 MP

                                 1
             HIGH COURT OF MADHYA PRADESH,
                  BENCH AT GWALIOR
                     CRA-5101-2018
                 (Ranveer & ors. Vs. State of M.P.)

Gwalior, Dated : 14/10/2022

      Shri D.S. Rajawat, learned counsel for appellant.

      Shri Pramod Pachori, learned Public Prosecutor for

respondent/State.

Per Justice Deepak Kumar Agarwal

Heard on 15822/2022, fourth application under Section 389

(1) of Cr.P.C. for suspension of sentence and grant of bail moved on

behalf of appellant No.3- Amar Singh after dismissal of earlier one

as withdrawn by order dated 28.02.2022.

This appeal has been preferred against the judgment dated

30.06.2018 passed by First Additional Sessions Judge Shivpuri

(M.P.) in S.T. No.34/2012 whereby the appellant No.3-Amar Singh

has been convicted and sentenced as under:-

Sections Sentence Fine (Rs.) Default Stipulatio n 498-A of IPC 3 years R.I. 500/- one month RI 304-B of IPC 7 years R.I. 1000/- one month

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-5101-2018 (Ranveer & ors. Vs. State of M.P.)

RI 302/34 of IPC Life 1000/- One month Imprisonment R.I.

In brief case of the prosecution is that, marriage between

deceased and Ranveer Rawat was solemnized five years ago and

they blessed with birth of a girl child. Father of the deceased as per

his capacity performed the marriage. Husband and in-laws were not

satisfied with that. She was also harassed for bringing her share in

the property of her father otherwise they shall not keep the deceased

in their house. On 01.11.2011 at 9 am, on a very petty issue,

husband of the deceased started beating her and with intent to kill

her, poured kerosene oil and set her ablaze. Appellant (brother-in-

law of deceased) alongwith other co-convicted persons were though

present at the scene of crime but merely as onlookers. Dowry

demand related cruelty has also been inflicted on the deceased soon

before the death. Other villagers came on the spot and poured

water on her. In regard to the incident, crime No.116/2011 for the

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-5101-2018 (Ranveer & ors. Vs. State of M.P.)

offence punishable under Section 307, 498-A, 34 of IPC was

registered against the accused at Police Station Tendua. During

treatment, deceased died on 08.11.2011 due to which Sections 302,

304-B of IPC were also added. Appellants were arrested. After

investigation, charge-sheet was filed. After trial, learned trial Court

convicted the appellant by the impugned judgment for the above

mentioned offences.

Learned counsel for the appellant submits that appellant is

innocent and has been falsely implicated. It is also submitted in the

dying declaration Ex.P-9 deceased has stated that when deceased

was burning, present appellant tried to extinguish the fire by

pouring water on her. During trial, appellant remained in custody

from 10.11.2011 to 27.03.2012 and thereafter, since the date of

judgment he is in custody. Hence, the appellant has suffered

incarceration of about four years six months and fifteen days. The

appeal is of the year 2018 which may take long time for it's

conclusion. Under these circumstances, the execution of sentence

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-5101-2018 (Ranveer & ors. Vs. State of M.P.)

be suspended and the appellant be released on bail.

On the contrary, learned Public Prosecutor vehemently

opposed the application and prayed for rejection of this application.

Keeping in view of the aforesaid submissions of learned

counsel for the parties and the fact that an early hearing of this case

is not possible, I.A. No.15822/2022 is allowed.

It is, therefore, directed that if appellant deposits the entire

fine amount, if not already deposited, and furnishes a personal bond

in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one

solvent surety of the like amount to the satisfaction of trial Court

for his appearance before the Registry of this Court on 16th

January, 2022 and on such subsequent dates as may be fixed in this

regard, sentence of imprisonment awarded to him shall remain

suspended till further orders and he shall be released on bail.

Application (I.A. No. 15822/2022) is allowed and disposed

of.

A copy of this order be sent to the trial Court concerned for

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-5101-2018 (Ranveer & ors. Vs. State of M.P.)

necessary compliance.

Certified copy/e-copy as per rules/directions.

                           (ROHIT ARYA)            (DEEPAK KUMAR AGARWAL)
                              JUDGE                        JUDGE

                   ojha
YOGENDRA OJHA
2022.10.14
19:10:09 +05'30'