Kailash vs The State Of Madhya Pradesh
2023 Latest Caselaw 12688 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 9118 of 2023
                                            (KAILASH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 07-08-2023

                                   Shri Raj Kumar Singh Kushwaha - learned counsel for the appellants.

                                   Shri Sushant Tiwari - learned Public Prosecutor for the respondent-

State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing.

Also heard on IA No. 13073/2023, first application under Section 389(1) Cr. P.C. moved on behalf of the appellants Kailash Raghuvanshi and Govind Raghuvanshi seeking suspension of sentence and grant of bail.

Appellants stand convicted under Section 306 of the IPC and sentenced to undergo five years RI with fine of Rs.20,000/- with default stipulation vide judgment of conviction and sentence dated 10/07/2023 passed by Sessions Judge, Distt. Ashoknagar in S.T. No.62 of 2021.

Learned Counsel for appellants submits that the learned Trial Court has committed an error in convicting and sentencing the present appellants merely

on the ground that the appellants have refused to give deceased Nitesh share in the property and manhandled him when he asked for share in the property. Learned Counsel submits that refusal to grant share in the property or even manhandling would not contribute abetment for suicide. Learned Counsel further argues that prosecution is based on the statement of Guddi Bai, mother of the deceased who was living separate from the appellant Kailash for last 18 years. She had grudge against the appellants, therefore, she has falsely implicated both the appellants. Her statement u/s. 161 of Cr.P.C was recorded Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 08-Aug-23 12:13:21 PM

eight days after the incident. Further, she has filed written complaint around 15 days after the incident of suicide, aggravating the allegations. Learned Trial Court did not consider these aspects of the matter, therefore, the impugned judgment suffers from illegality and impropriety. There are material contractions and omissions in the evidence of witnesses. The appellants were on bail during trial and they did not misuse the liberty so granted to them. Fine amount has already been deposited by the appellants. There is no likelihood of hearing of appeal in near future. On these grounds, learned Counsel prays that execution o f remaining jail sentence of appellants may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent State opposed the application and prayed for its rejection.

Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly directed that execution of remaining jail sentence of appellants Kailash and Govind shall remain suspended during pendency of this appeal and they shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for their appearance before the Registry of this Court on 27.10.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, aforementioned I.A. stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 08-Aug-23 12:13:21 PM

(SANJEEV S KALGAONKAR) JUDGE

ar

Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 08-Aug-23 12:13:21 PM