Shivam Singh Tomar vs The State Of Madhya Pradesh
2023 Latest Caselaw 399 MP

                                     1

      IN THE HIGH COURT OF MADHYA PRADESH

                             AT GWALIOR
                             CRA-9894-2019

 (SHIVAM SINGH TOMAR & ANOTHER Vs . STATE OF MADHYA PRADESH)

DATED:- 06-01-2023

      Shri Anmol Khedkar - Advocate for the appellants.
      Shri   Pramod       Pachauri   -    Public       Prosecutor   for    the
respondent/State.

Per Justice Deepak Kumar Agarwal:

Heard on I.A. No.17836/2022, 2 nd application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the appellant No.1 - Shivam Singh Tomar. His first application for suspension of sentence was dismissed as withdrawn vide order dated 18/11/2019.

This criminal appeal assails the judgment dated 12/10/2019 passed in S.T. No.218/2018 by the Second Additional Sessions Judge, Ambah, District Morena, whereby the appellant No.1 has been convicted and sentenced as under:-

       Sections               Sentence        Fine (Rs.)     Default
                                                             Stipulation
     304-B of IPC         Life Imprisonment        -                -
     498-A of IPC            3 Years RI       Rs.1,000/-       3 Months RI
4 of Dowry Prohibition        1 Year RI       Rs. 1,000/-      3 Months RI
         Act

Allegation against the present appellant is that on 09/02/2018 at 10.25 PM, appellant No.1 who is the husband of the deceased gave an information to Police Station- Sihonia, District Morena alleging that on

09/02/2018 at 12:00 PM in the noon he had gone to field. His wife and mother were in the house. When at 5.00 PM he returned from field he saw that door of the room was closed. He called his wife but she did not answer, then he forcefully opened the door and entered into the room. He saw his wife is hanging on the roof. When he broke the noose from her neck, he found that she is no more. On his information merg under Section 174 was recorded and the deceased was sent for medical examination. The statements of mother and father of the deceased were recorded. They alleged that due to demand of dowry their daughter was subjected to cruelty. Afterwards, offence under Section 304- IPC was registered. After trial, the appellant and other co-accused have been convicted for the aforesaid offence.

Learned counsel for the appellants submits that appellant No.1 is the husband of the deceased and he has been falsely implicated in this case. He is not concerned with the case directly or indirectly. The appellant has been wrongly convicted by the learned trial Court. The appellant was on bail during trial and he has not misused the liberty granted to him. The fine amount has already been deposited by him. It is further submitted that only omnibus allegations regarding demand of motorcycle and Rs.50,000/- were made against the appellant and there is no evidence that deceased was subjected to cruelty soon before her death. It is further submitted that appellant No.1 has minor daughter and mother of the appellant No.1 is mentally disabled. There is no one in his family to look after his daughter and mother except him. Appellant is in custody since 16/03/2018 and he is the permanent resident of District- Morena (M.P.) and there are fair chances of success of this appeal. The appeal is of the year 2019 which may take long time for its conclusion

and the appellant No.1 cannot be kept in custody for an unlimited period. Under these circumstances, the execution of jail sentence be suspended and the appellant No.1 be released on bail.

On the other hand, learned Public Prosecutor appearing on behalf of the respondent/State opposed the bail application and prayed for rejection of this application.

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.17836/2022 is allowed.

It is, therefore, directed that if appellant No.1- Shivam Singh Tomar deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 31st of March, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him, shall remain suspended till further orders and he shall be released on bail.

IA No.17836/2022 is allowed and disposed of.

A copy of this order be sent to the trial Court concerned for necessary compliance.

Certified copy as per rules/directions.

 (ROHIT ARYA)                                                          (DEEPAK KUMAR AGARWAL)
    JUDGE                                                                      JUDGE


rahul

        Digitally signed by RAHUL SINGH PARIHAR

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cd e4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4A B9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.01.06 16:10:08 +05'30'