Lakhan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 1000 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2598 of 2019 (LAKHAN SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 17-01-2023 Mr. V.P. Singh - Advocate for the appellant.

Ms. Sunita Sood - Panel Lawyer for the State.

Heard on I.A.No.22345/2022, which is third application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of the appellant.

Vide impugned judgment dated 31.08.2018 passed by the Seventh Additional Sessions Judge, Jabalpur in Sessions Trial No.496/2017, the appellant has been convicted under Section 304-B of the Indian Penal Code and sentenced to undergo R.I. for 10 years with fine of 2,000/- with default stipulation.

The allegations against the appellant are that due to his cruelty the deceased committed suicide at matrimonial home within 07 years of her marriage.

Learned counsel for the appellant submitted that the appellant is husband of the deceased. The mother of the deceased has turned hostile and not supported the prosecution story in toto. The trial Court has not properly appreciated the oral and documentary evidence available on record. The appellant is in jail since 17.05.2017. Final disposal of this appeal would take considerable time because the appeal is pending since 2019. Hence, prayer for suspension of sentence and grant of bail is made.

Signature Not Verified Learned Panel Lawyer has opposed the prayer for grant of bail and Signed by: JULIE SINGH Signing time: 1/18/2023 11:29:33 AM

suspension of sentence.

Considering the over all facts and circumstances of the case; period of custody; final disposal of this appeal would take considerable time and without commenting on merits of the case, the application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant Lakhan Singh shall remain suspended and he shall be released

on bail for securing his presence before the trial Court on 04.07.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

CC as per rules.

(SMT. ANJULI PALO) JUDGE

julie

Signature Not Verified Signed by: JULIE SINGH Signing time: 1/18/2023 11:29:33 AM