Madhya Pradesh High Court
Dhandhu Singh vs The State Of Madhya Pradesh on 4 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 286 of 2015
(DHANDHU SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 04-12-2023
Shri Atul Gupta, learned counsel for the appellants.
Shri Rajesh Shukla, learned Additional Advocate General for the
respondent/State.
Heard on I.A.No.21629 of 2023, third repeat application under Section
389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on
behalf of appellant No.1 Dhandhu Singh. Earlier two applications of the present
appellant stand dismissed as withdrawn.
Appellant No.1 stands convicted under Section 302/34 of IPC and
sentenced to suffer life imprisonment with fine of Rs. 10,000/- and under
Section 201 of IPC and sentenced to suffer seven years RI with fine of
Rs.5,000/- with default stipulations vide judgment of conviction and order of
sentence dated 13/3/2015 passed by First Additional Sessions Judge, Jaura,
District Morena in ST No. 81/2008.
Appellant No.1 so far has undergone jail incarceration of nine years and
six months
As per the prosecution story, father of deceased made a complaint to the
police on 18/5/2006 at about 3.45 pm that at about 6.00 am in the morning, one
Mahaveer Singh from village Bhaisrauli informed that his daughter died in
suspicious circumstances by burning, whose marriage was performed with
Ravindra four years back. On such information, police registered merg case
No. 08/2006 and started investigation. He levelled allegations against the co-
appellant Mitrapal Singh, who is father-in-law of deceased that he alongwith
other family members of the family used to demand a Pulsar Motorcycle in
dowry. After completing investigation, police filed challan. Case was committed
for trial to the sessions Court. The Sessions Court upon critical evaluation of
evidence placed on record has convicted and sentenced the present appellant as
referred above.
Learned counsel for appellant No.1 while taking exception to the
impugned judgment inter alia supported the instant application primarily on the
ground of long jail incarceration as so far, the present appellant has already
undergone actual jail sentence of nine years and six months. It is further
submitted that present appellant is 'Jeth' of the deceased and has falsely been
implicated in the case. Only omnibus allegations have been levelled against the
appellant and his family members. It is also submitted that appellant No.2
Mitrapal @ Sobaran Singh, who is father of the present appellant, has already
been granted benefit of suspension of sentence and grant of bail vide order
dt.25.09.2023. He claims parity in treatment. The appeal is of the year 2015 and
there is no likelihood of early hearing of this appeal in the near future. Under
such circumstances, learned counsel prays for suspension of sentence and
grant of bail to present appellant.
Learned counsel for the State opposed the prayer and prayed for
rejection of the application for suspension of sentence and grant of bail.
Upon hearing learned counsel for the parties, though this Court is not
inclined to extend the benefit of suspension of sentence and grant of bail to the
present appellant on merits, however, regard being had to the only fact that
present appellant so far has already undergone jail incarceration of nine years
and six months coupled with the fact that the appeal which is of the year 2015 is
not likely to be decided in the near future, we are of the view that present
appellant is entitled to the benefit of suspension of sentence and grant of bail.
Accordingly, IA No.21629 of 2023 stands allowed and it is directed that
the jail sentence of appellant No.1 shall remain suspended during pendency of
the present appeal and he shall be released on bail subject to verification of the
factum of depositing the fine amount and on his furnishing a personal bond in
the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in
the like amount to the satisfaction of the Trial Court.
Appellant No.1 is directed to appear before the Registry of this Court
first on 19/02/2024 and on other subsequent dates as may be fixed in this
behalf.
Accordingly, the said IA stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
(ROHIT ARYA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
SP
SANJEEV
KUMAR PHANSE
2023.12.05
12:09:10 +05'30'
