Madhya Pradesh High Court
Yogesh Kushwah vs The State Of Madhya Pradesh on 8 May, 2023
Author: Deepak Kumar Agarwal
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4564 of 2023
(YOGESH KUSHWAH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 08-05-2023
Shri Ankur Maheshwari, learned counsel for the appellants.
Shri Nitin Goyal- Panel Lawyer for the State.
Heard on I.A.No.7952/2023, 1st application u/Sec.389(1) of Cr.P.C. for
suspension of sentence and grant of bail filed on behalf of appellant No.1 -
Yogesh Kushwah.
Vide judgment dated 20.03.2023 passed by Fourth Additional Sessions
Judge, Guna, District- Guna (M.P.) in S.T. No. 203/2021, the appellant No.1
has been convicted under Sections 498-A r/w Section 34 and 304-B r/w Section
34 of IPC and sentenced to undergo One Year's RI and 10 years' RI with fine
of Rs.1,000/- and 2,000/- respectively with default stipulations.
Prosecution story, in short, is that the appellant was involved in
subjecting the deceased with cruelty and harassment for non-fulfillment of
demand of Rs.2 lac in dowry, due to which, deceased committed suicide by
hanging under suspicious circumstances. On the basis of aforesaid, crime has
been registered.
It is submitted by counsel for the appellants that the appellant No.1 is the
husband of the deceased and he has been falsely implicated in this case.
Appellant has suffered about one and half years of incarceration. It is further
submitted that co-appellant has already been granted the benefit of suspension
of sentence and grant of bail by this Court vide order dated 19/04/2023. Appeal
is of the year 2023 which shall take long time for its conclusion. Under these
circumstances, the execution of jail sentence be suspended and the appellant be
released on bail.
On the contrary, learned counsel for the State opposed the application
and prayed for its rejection.
Considering the term of jail sentence awarded to the appellant as well as
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.7952/2023 is allowed. It is therefore, directed that if appellant deposits
the entire fine amount, if not already deposited, and furnishes a personal bond
in the sum o f Rs.25,000/- (Rupees twenty five thousand Only) with one
solvent surety of the like amount to the satisfaction of concerned Trial Court for
his appearance before the Principal Registrar of this Court on 16th October,
2023 and on such further dates as may be fixed by the office in this regard,
remaining jail sentence awarded to the appellant shall remain suspended till
disposal of the appeal and he shall be released on bail.
Application (IA No.7952/2023) is allowed and disposed of.
List for final hearing in due course.
C.c. as per rules.
(DEEPAK KUMAR AGARWAL)
JUDGE
Digitally signed by RAHUL SINGH PARIHAR
RAHUL SINGH
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH
rahul
GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474001, st=Madhya Pradesh,
2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0c
PARIHAR
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pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487,
serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4
AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR
Date: 2023.05.09 16:18:18 +05'30'
