Dinesh Raghuvanshi vs The State Of Madhya Pradesh
2023 Latest Caselaw 2435 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRA No. 10943 of 2022
                                     (DINESH RAGHUVANSHI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 10-02-2023
                                 Ms. Prakshi Bansal, learned counsel for appellants.

                                 Shri Avneesh Singh, learned Public Prosecutor for respondent/State.

Heard on I.A.No.2747/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.1- Dinesh Raghuvanshi and appellant No.3-Smt. Munni Bai.

This criminal appeal has been filed against the judgment dated 18.11.2022

passed in S.T. No.160/2017 by Seventh Additional Sessions Judge Shivpuri District Shivpuri whereby both the appellants have been convicted and sentenced under Section 306 of IPC for seven years RI with fine of Rs.2500/- and under Section 498-A of IPC for one year RI with fine of Rs.500/- with default stipulation.

I n brief case of the prosecution is that marriage between Dinesh and deceased was solemnized in the year 2013. On 25.12.2016 deceased was strangulated to death by her husband and other in-laws on account of dowry demand. As per postmortem report, deceased died due to hanging.

It is submitted by counsel for the appellants that the appellants were on bail during trial and they did not misuse the liberty granted to them. Fine amount has already been deposited by the appellants.During trial, appellant No.1 remained in jail from 04.05.2017 to 20.08.2019 and thereafter since the date of judgment, he is in jail and appellant No.3 is in jail since the date of judgment i.e. 18.11.2022. Appeal is of the year 2022 which may take long time for it's conclusion. Under these circumstances, the execution of sentence be Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 2/10/2023 5:36:03 PM

suspended and the appellants be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.2747/2023 is allowed.

It is therefore, directed that if appellants deposit the entire fine amount, if not already deposited, and furnish a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety of the like amount to the satisfaction of concerned Trial Court for their appearance before

the Principal Registrar of this Court on 25th July, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to them shall remain suspended till further orders and they shall be released on bail.

Application (I.A. No.2747/2023) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 2/10/2023 5:36:03 PM