Mithun vs The State Of Madhya Pradesh
2023 Latest Caselaw 1662 MP

                                                               1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 6318 of 2022
                                            (MITHUN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 30-01-2023
                                Mr. Siddharth Datt - Advocate for the appellants.

                                Mr. Arvind Singh - Government Advocate for the respondent/State.

Ms. Neetu Prajapati - Advocate for the Objector.

Shri Siddharth Datt, learned counsel for the appellants seeks to withdraw I.A.No.13853/2022 for appellant Nos. 1 and 2 and pressed it for appellant

No.3-Sagar Bai.

Accordingly, the I.A. is dismissed as withdrawn partially for appellant Nos.1 and 2.

I.A.No. 13853/2022 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.3-Sagar Bai arising out of judgment dated 30.06.2022 delivered in S.T.No. 103/2019 by the learned Ist Additional Sessions Judge, Khandwa.

The appellant No.3 has been convicted under Section 302/34 of IPC and sentenced to undergo RI for life with fine of Rs.1000/- with default stipulations.

Learned counsel for appellant no.3 submits that as per prosecution story, the appellant No.1 has informed the police that his wife Ranjana has consumed some pesticide on 10.05.2019 because of which she died. Learned counsel for the appellants submits that the statements of star witness i.e. son of deceased namely Subham (PW-5) under Sections 161, 164 and Court statement were recorded. He has not specifically mentioned about any overtact of this appellant. In Court's statement, he did not mention about any kind of beating by this appellant to the deceased nor made any allegation that this appellant forced Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 31-Jan-23 10:18:58 AM

her to consume chemical substance. Thus, remaining jail sentence of this appellant No.3 may be suspended.

Learned Government Advocate for the respondent/State opposed the prayer on the basis of objection.

Considering the aforesaid aspect and without expressing any conclusive opinion on merits, aforesaid I.A. is partially allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentences of the appellant No. 3 Sagar Bai is hereby suspended be released on bail on her furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like

amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Khandwa on 24/04/2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C c as per rules.

                               (SUJOY PAUL)                              (AMAR NATH (KESHARWANI))
                                  JUDGE                                           JUDGE

                          sm




Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 31-Jan-23
10:18:58 AM