Charan Singh( Abated As Per Court ... vs State Of M.P
2023 Latest Caselaw 1607 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                         CRA No. 921 of 2013
                             (CHARAN SINGH( ABATED AS PER COURT ORDER DT.30.09.2022) AND OTHERS Vs STATE OF M.P)

                          Dated : 30-01-2023
                                Shri R. C. Bhargava- learned counsel for the appellant No.3.

                                Shri Rajesh Kumar Shukla- learned Deputy Advocate General for the
                          respondent- State.

Heard on IA No.15494 of 2022, which is the third application under Section 389 of CrPC filed on behalf of appellant No.3- Dharmendra seeking

suspension of sentence and grant of bail.

Appellant No.3 stood convicted under Section 304-B of IPC and sentenced to life imprisonment with fine of Rs.1,000/- with default stipulation vide judgment of conviction and order of sentence dated 05-10-2013 passed by Additional Sessions Judge, Pichhore, District Shivpuri in Sessions Trial No. 235 of 2009.

Appellant No.3 has already undergone almost eleven years of jail sentence.

As per prosecution story, initially a missing report was filed on 08-05-

2009 vide No.07 of 2009 at the instance of husband of deceased, Charan Singh (co-accused) alleging missing of deceased from home on 07-05-2009. In pursuance of missing report, Head Constable Kaptan Singh initially made an enquiry on the information received. He found that the dead body of deceased was lying in a well of village Dulehi. Thereafter, on such information, merg no.13 of 2007 dated 08-05-2009 under Section 174 of CrPC was recorded. Investigation started and initially at Crime No.98 of 2009 case was registered under Section 304-B read with Section 34 of IPC. Upon completion of Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 1/31/2023 1:54:50 PM

investigation, challan was filed before the Judicial Magistrate where-from the case was committed to the Sessions Court for trial. The Sessions Court, upon critical evaluation of evidence available on record and recording of statements, convicted and sentenced appellant No.3 as referred above.

Shri Bhargava, learned counsel for the appellant No.3 submits that co- accused Charan Singh, husband of deceased has already been released on 2nd of October, 2022 after completion of 10 years of jail sentence by the State Government and the appeal on his behalf was withdrawn on 30-09-2022 allowing IA No.15535 of 2022. Learned counsel further submits that the Sessions Judge without there being any direct evidence of demand of dowry on

the part of appellant No.3 proved the charges against him. As such, the findings are perverse based on surmises and conjectures. Even otherwise, the appellant No.3 has undergone almost 11 years of jail sentence. The appeal is of the year 2013 and there is no likelihood of early hearing of this appeal in the near future. Hence, prays for suspension of sentence and grant of bail on behalf of appellant No.3.

Per contra, learned Counsel for the State opposes the application supporting the impugned judgment, however, does not dispute that co-accused Charan Singh, has been released after completion of 10 yeas of jail sentence by the State Government in the month of October, 2022 and this Court has allowed IA No.15535 of 2022, dated 30-09-2022 for withdrawal of present appeal filed on his behalf.

Upon hearing learned counsel for the parties, though this Court refrains from commenting on rival contentions touching merits of the case, but regard being had to the fact that the appellant No.3 has already undergone jail sentence

Signature Not Verified for almost 11 years, coupled with the fact that co-accused Charan Singh has Signed by: MAHENDRA BARIK Signing time: 1/31/2023 1:54:50 PM

been released after completion of 10 yeas of jail sentence by the State Government in the month of October, 2022, this Court is inclined to allow the application suspending jail sentence of appellant No.3.

Accordingly, it is directed that the jail sentence of appellant No.3 Dharmendra shall remain suspended and he shall be released on bail 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.3 Dharmendra is directed to appear before the Registry of this Court first on 23rd of March, 2023 and on other subsequent dates as may be fixed by Office in this behalf with following other conditions:-

(i) Appellant No.3 Dharmendra will abide by the terms and conditions of various circulars and orders issued by the Central Government and the State Government as well as the local administration from time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc. to avoid proliferation of Novel Corona virus (Covid-19);

(ii) The concerned Jail Authorities are directed that before releasing appellant No.3 Dharmendra his medical examination be conducted through the jail doctor and if it is prima facie found that he is having any symptom of COVID-19 then the consequential follow up action including the

isolation/quarantine or any further test requested be undertaken immediately.

(iii) On violation of the conditions, State is free to apply for cancellation of bail.

Accordingly, IA stands allowed and disposed of. Observations on Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 1/31/2023 1:54:50 PM

facts, if any, are only for the purpose of disposal of the application for suspension of sentence and shall have no hearing on the merits of the appeal.

Certified copy as per rules.

                            (ROHIT ARYA)                                (SATYENDRA KUMAR SINGH)
                               JUDGE                                             JUDGE

                          MKB




Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 1/31/2023
1:54:50 PM