Citation : 2023 Latest Caselaw 7590 MP
Judgement Date : 9 May, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 5006 of 2023
(MONU CHANDEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 09-05-2023
Shri Ashish Singh Jadoun - Advocate for the appellants.
Shri G.S. Chauhan - Public Prosecutor for the respondent/ State.
I.A.No.7775/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.3 - Ramjilal Chandel.
Vid e judgment dated 21.03.2023 passed by learned IVt h Additional Sessions Judge, Guna, in S.T. No.159/2018, whereby the appellant has been convicted under Section 306 of IPC and sentenced to undergo 5 years' R.I. with fine of Rs.2,000/-, under Section 498-A of IPC and sentenced to undergo 1 years' RI with fine of Rs.1,000/-, under Section 3 of Dowry Prohibition Act and sentenced to undergo 3 years' RI with fine of Rs. 3,000/-, with default stipulations.
It is submitted by learned counsel for the appellant that a written dying letter was found on the place where deceased committed suicide, in which she
alleged that she was cruelly harassed by her husband due to which she committed suicide and at the bottom she has liable her father-in-law and mother- in-law. It is further submitted that sentence of the appellant has already been suspended by the trial Court. He has a good case on merits. Hearing of the appeal will take time. Therefore, prayer for suspension of sentence has been made.
On the contrary, learned counsel for the State opposed the application and prayed for its rejection.
Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 5/10/2023 9:50:04 AM
Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.7775/2023 is allowed and it is directed that jail sentence of the appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellants' furnishing bail bond of 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 9th October, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.
C.c. as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE
Adnan
Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 5/10/2023 9:50:04 AM
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