Madhya Pradesh High Court
Arun @ Boby vs The State Of Madhya Pradesh on 1 July, 2023
Author: Satyendra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 257 of 2016
(ARUN @ BOBY AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 01-07-2023
Mr. V.D. Sharma- Advocate for appellants.
Mr. Rajesh Shukla - Additional Advocate General for the respondent -
State.
I.A.No.4578/2023, an application for urgent hearing is considered and
allowed.
Heard on I.A.No.4579/2023, third application under Section 389 (1) of
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant No.1 - Arun @ Bobby.
First application of appellant No.1 has been dismissed as withdrawn vide
order dated 21.06.2017 while second application for grant of temporary
suspension under Section 389 of Cr.P.C. was allowed vide order dated
21.01.2019.
Appellant has been convicted by First Additional Sessions Judge,
Sheopur, District Sheopur (M.P.) vide judgment dated 17.02.2016 passed in
Special Session Trial No.49/2012 for commission of offence punishable under
Section 304-B of IPC and under Section 302/34 of IPC and sentenced to suffer
life imprisonment with fine of Rs.1,500/-, with default stipulation.
Learned counsel for the appellants submits that it is alleged against the
appellant No.1 - Arun @ Bobby that he being husband of the deceased-Sonam
along with other co-accused persons demanded dowry from the deceased and
thereafter committed cruelty with her. He further submits that appellant No.1 is
in custody since 10.03.2012 and till now he has suffered 11 years 3 months and
Signature Not Verified
Signed by: BARKHA
SHARMA
Signing time: 01-Jul-23
5:19:02 PM
20 days actual jail incarceration. Omnibus allegations have been alleged against
the appellant with regard to demand of dowry. He referring the statement of Dr.
Pradeep Kumar (PW-7) and postmortem report (Ex. P-11) submits that out of
13 injuries found on the body of the deceased, only one injury has been caused
on the vital part of the body i.e. head. Therefore, it cannot be said that appellant
assaulted the deceased with an intention to commit her murder. He further
submits that co-accused/appellant No.2-Basanti has already been enlarged on
bail vide order dated 12.09.2016. There is no likelihood of hearing of this appeal
in near future. Therefore, his remaining jail sentence be suspended and he be
enlarged on bail.
Learned counsel for the respondent/State has opposed the prayer and
submits that appellant No.1 - Arun @ Bobby is the main accused in the case
who brutely assaulted his wife and caused about 13 injuries, due to which she
died. Specific allegations have been made against the appellant that he
demanded about Rs.2 Lacs from the deceased. Prosecution has proved its case
beyond reasonable doubt. Learned Trial Court has not committed any error in
convicting the appellant for the offences mentioned above. In view of the
aforesaid, the appellant No.1 is not entitled to be released on bail.
Heard learned counsel for both the parties and perused the record.
Having considered rival submissions and material pointed out by learned
counsel for the appellants, postmoretm report of the deceased, so also
statement of Dr. Pradeep Kumar (PW-7), specially the period of custody of
appellant No.1 which is 11 years and 3 months and there is no likelihood of
hearing of this appeal in near future, without expressing any opinion on merits
of the case, the application is allowed and the remaining jail sentence of the
appellant is suspended.
Signature Not Verified
Signed by: BARKHA
SHARMA
Signing time: 01-Jul-23
5:19:02 PM
I t is directed that subject to depositing the fine amount, if already not
deposited, appellant No.1 - Arun @ Bobby shall be released on bail on
furnishing personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs
Only) along with separate solvent surety in the like amount to the satisfaction of
Trial Court, for his appearance before the Registry of this Court firstly on
24.08.2023, and on such other dates, as may be fixed by the Registry in this
regard, till final disposal of this appeal.
I.A.is allowed.
C.C. as per rules.
(SATYENDRA KUMAR SINGH) (SANJEEV S KALGAONKAR)
JUDGE JUDGE
bj/-
Signature Not Verified
Signed by: BARKHA
SHARMA
Signing time: 01-Jul-23
5:19:02 PM
