Bholaram Sahu vs The State Of M.P.
2023 Latest Caselaw 337 MP

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         CRA No. 1336 of 1998
                                                     (BHOLARAM SAHU Vs THE STATE OF M.P.)

                          Dated : 05-01-2023
                                 Shri Hakim Khan - Advocate for the appellant.

                                 Shri Amit Kumar Pandey - Panel Lawyer for the respondent-State.

Heard I.A. No.20842/2022, which is fourth application filed under Section 389(1) of the Code of Criminal Procedure on behalf of the appellant for suspension of sentence and grant of bail.

The appellant stood convicted under Section 304-B of IPC and sentenced to suffer seven years RI and further convicted under Section 498-A of IPC and sentenced to suffer two years RI with fine of Rs.200/- with default stipulation.

Learned counsel for the appellant submits that the appellant has served total jail sentence of two years, three months and 11 days. He further submits that dying declaration was recorded in which deceased admitted that when she was cooking meals, she caught fire and thus received burn injuries and there was no allegation that the appellant had set fire on her. He drew attention of this

Court towards the judgment of trial Court in which the trial Court has mentioned that despite recording dying declaration, it was not produced by the prosecution and as such case of prosecution was weak on that respect. Despite that, taking note of presumption as has been available under Section 113-B of Evidence Act, the appellant has been convicted as death occurred within seven years of marriage under suspicious circumstances.

I n contrast, learned counsel for the State opposes the application and prays for its rejection.

Signature Not Verified Signed by: SUDESH KUMAR SHUKLA Signing time: 1/5/2023 5:33:51 PM

Considering the overall facts and circumstances, especially the finding given by the trial Court in paragraph 30 of its judgment, I am inclined to enlarge him on bail. Therefore, without commenting anything on the merits, I.A. No.20842/2022 is allowed.

It is directed that on appellant's furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 05.04.2023 and on all such subsequent dates as may be fixed in this regard, remaining jail sentence shall remain suspended and he shall be released on bail, if not required to be detained in any other case.

I.A. No.20842/2022 stands disposed of.

List for final hearing in due course.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

Sudesh

Signature Not Verified Signed by: SUDESH KUMAR SHUKLA Signing time: 1/5/2023 5:33:51 PM