Surender Singh Mevada vs The State Of Madhya Pradesh
2023 Latest Caselaw 13172 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 5753 of 2020
                                     (SURENDER SINGH MEVADA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-08-2023
                                   Ms. Anjali Banerjee - Advocate for appellants.

                                   Shri Aditiya Gupta - Public Prosecutor for respondent/State.

Heard on I.A. No.12501 of 2020.

This is the first application seeking for suspension of sentence and grant of bail under Section 389(1) of the Cr.P.C. filed on behalf of accused/appellant

No.3 who has been convicted under Section 302 read with Section 34 of IPC and sentenced to undergo Life imprisonment and fine of Rs.5,000/- with default stipulations as mentioned in the impugned judgment.

The case of the prosecution is that on 02.04.2020 at about 8:00 AM, all the accused/appellants poured kerosene on the deceased and set her on fire. The accused/appellant No.1 is the husband of the deceased, accused/appellant No.2 is the brother of husband and the accused/appellant No.3 is the father of the husband. The charge-sheet was filed. The accused were tried and convicted and sentenced in the manner as aforesaid. Hence, the instant appeal has been

filed.

Learned counsel for the appellant contends that the prosecution has failed to make out any case against the present appellant. Hence, he is required to be released on bail. The accused/appellant No.3 is the father-in-law of the deceased. He virtually had no role to play in the commission of the offence.

The same is disputed by the learned Public Prosecutor. Heard the learned counsels.

On considering the contentions, we do not find any ground to enlarge the Signature Not Verified Signed by: PRARTHANA SURYAVANSHI Signing time: 8/16/2023 12:10:23 PM

accused/appellant No.3 on bail. That there is substantial evidence to indicate the involvement of the accused/appellant No.3 herein in the commission of offence. The dying declaration of the deceased recorded as Exhibit-P/4 clearly narrates the manner in which incident has taken place.

Under these circumstances, we do not find any good ground to allow this application for suspension of sentence and grant bail to the accused/appellant No.3.

Accordingly, I.A. No.12501 of 2020 is rejected.

                                 (RAVI MALIMATH)                                      (VISHAL MISHRA)
                                   CHIEF JUSTICE                                           JUDGE

                          Prar




Signature Not Verified
Signed by: PRARTHANA
SURYAVANSHI
Signing time: 8/16/2023
12:10:23 PM