Ajay @ Pappu Molte vs The State Of Madhya Pradesh
2023 Latest Caselaw 7339 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                     CRA No. 5572 of 2018
                                    (AJAY @ PAPPU MOLTE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 04-05-2023
                               Shri Manohar Singh Chouhan, learned counsel for the appellant.

                               Shri Amit Rawal, learned Govt. Advocate for the respondent/State.

Heard on IA No.5626/2023, third application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the appellant no.1-Ajay @ Molte.

T he present appellant has been convicted for commission of offence punishable under Sections 304-B, 498-A of Indian Penal Code, 1860 and sentenced to undergo life imprisonment, 1 year R.I. and fine amount of Rs.10,000/- , Rs.1000/- with default stipulations by learned Second Additional Sessions Judge, District Dewas (MP) in S.T. No.19/2017 vide judgment dated 28.06.2018.

First and second applications, I.A. Nos.3602/2019 and 1663/2022 were dismissed vide orders dated 14.05.2019 and 04.02.2022, respectively.

Learned counsel for the appellant submits that the appellant has been

falsely implicated in this case. Appellant was married with the deceased 8 months ago from the date of the incident. The deceased hanged herself as she was subjected to torture and cruelty for demand of motorcycle and gold chain. Learned counsel for the appellant submitted that there was no demand of motorcycle as the appellant was already having one motorcycle, as admitted by father of the deceased. Appellant is in jail since almost 7 years. There are no likelihood of final hearing of this appeal in near future. He, therefore, prays for Signature Not Verified Signed by: SUMATHI Signing time:

5/4/2023 5:56:26 PM

grant of suspension of sentence and release the appellant on bail.

On the other hand, learned Government Advocate appearing for the respondent / State prays for rejection of the application.

In view of the aforesaid facts and circumstances of the case, I find it to be a fit case to suspend the custodial sentence of the appellant.

Accordingly, without expressing any opinion on merits of the case, IA No.5626/2023 is allowed, subject to depositing the fine amount, if not already deposited with the trial Court and it is directed that on furnishing a personal bond by the appellant in the sum of Rs.30,000/- (Rupees thirty thousand only) with a solvent surety in the like amount to the satisfaction of the learned

trial Court, for his / her regular appearance before the Registry of this Court, the execution of the custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his / her presence before the Registry of this Court on 11.09.2023 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Certified copy as per rules.

                            (VIVEK RUSIA)                                                  (ANIL VERMA)
                               JUDGE                                                           JUDGE


                         sumathi




Signature Not Verified
Signed by: SUMATHI
Signing time:
5/4/2023 5:56:26 PM