Shyamlal Saket vs The State Of Madhya Pradesh
2022 Latest Caselaw 13866 MP

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                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                  CRA No. 4668 of 2022
                                                  (SHYAMLAL SAKET AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 27-10-2022
                                           Mr.B.S.Kushwaha, learned counsel for the appellants.

                                           Mr.Seshmani Mishra, learned Panel Lawyer for the respondent/State.

Heard on the question of admission. The appeal is admitted for hearing. Considered I.A.No.9700/2022, which is first application for suspension of sentence u/s 389(1) Cr.P.C. and grant of bail on behalf of appellants, namely, Shyamlal Saket and Asha Saket.

Vide impugned judgment dated 18.5.2022 passed by the Additional Sessions Judge, Sirmour in Sessions Trial No.18/2019 the appellants have been convicted for offences under sections 304-B and 498A of the Indian Penal Code & 3/4 of Dowry Prohibition Act and sentenced to undergo R.I. for 10 years, 01 year & 01 year with fine of Rs.1000/-, Rs.500/- & Rs.500/- respectively.

Learned counsel for the appellants submitted that appellants are father-in- law and mother-in-law of the deceased. The marriage between the deceased and Rajesh (son of appellants) was performed in the year 2013. The deceased died

due to burn injuries on 26.8.2018. Nothing has been stated against the appellants in the dying declaration. The final disposal of this appeal would take considerable time. Therefore, prayer has been made to suspend the sentence and grant bail to the appellants.

Learned Panel Lawyer has opposed the prayer for bail. Signature Not Verified SAN Considered the over all facts and circumstances of the case; dying Digitally signed by RAJESH MAMTANI Date: 2022.10.27 18:04:41 IST declaration of the deceased wherein she has mainly stated against the husband

alleging cruelty and causing burn injuries by pouring kerosene oil and only allegation against the appellants is that they encouraged to kill her. Looking to the nature of allegations and taking into account that final disposal of this appeal would take considerable time, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety each in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellants shall remain suspended and they shall be released on bail for securing their presence before the trial Court on 27.02.2023 and on such other dates as may

be fixed in this regard during pendency of this appeal.The appellants shall regularly appear before the trial Court, on each and every date, without fail.

List this case for final hearing in due course.

SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.10.27 18:04:41 IST