Lalit vs The State Of Madhya Pradesh
2023 Latest Caselaw 5848 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7394 of 2022 (LALIT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 11-04-2023 Shri Satyam Agrawal- counsel for the appellant.

Ms.Mamta Mishra- Panel Lawyer for the State.

Considered I.A.No.964/2023, which is second application u/s 389(1) Cr.P.C. for suspension of sentence on behalf of appellant No.2-Ramkripal. First application being I.A.N.15920/2022 was dismissed as withdrawn on

31.10.2022.

Vide impugned judgment dated 16.8.2022 passed by the First Additional Sessions Judge, Katni in S.T.No.139/2015 the appellant No.2 has been convicted for offences under sections 498-A & 304-B of the Indian Penal Code and 3/4 of the Dowry Prohibition Act and sentenced to undergo R.I. for 03 years & 10 years and 02 years with fine of Rs.5,000/-, Rs.2,000/- & Rs.5,000/- with default stipulations.

Learned counsel for the appellant submitted that appellant/applicant 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 dying declaration is in favour of the appellant. The father of the deceased in paragraph 6 has stated in favour of the appellant/applicant. The appellant was on bail during trial. Final disposal of instant appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of the appellant/applicant.

Signature Not Verified SAN

Learned Panel Lawyer has opposed the prayer for suspension of Digitally signed by RAJESH MAMTANI Date: 2023.04.12 14:23:32 IST

sentence.

Considered the over all facts and circumstances of the case; the dying declaration and statement of father of deceased in favour of appellant, the period of custody, the applicant was on bail during trial and final disposal of this appeal would take considerable time to conclude, without commenting on merits of the case, the application is allowed.

Accordingly, it is hereby directed that on deposit of fine amount, if not already deposited, execution of remaining jail sentence of appellant-Ramkripal shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond of Rs.40,000/- [Rupees Forty Thousand only] with a solvent surety bond of the like amount to the

satisfaction of the Trial Court for his appearance before trial Court on 05/09/2023 and thereafter on each subsequent dates as may be directed by the trial Court in that regard.

I.A.No.964/2023 is allowed.

List this case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2023.04.12 14:23:32 IST