Krishnakant Oed/Soora vs The State Of Madhya Pradesh
2023 Latest Caselaw 19196 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                       CRA No. 3628 of 2023
                                    (KRISHNAKANT OED/SOORA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-11-2023
                                  Shri Arun Nema - Advocate for the appellants.

                                  Shri Manoj Jha - Panel Lawyer for the respondent-State.

Heard on I.A. No. 10113 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.2 Smt. Indira Oed arising out of judgment dated 25.02.2023 delivered in S.T.

No.456/2017 passed by Sessions Judge, Bhopal (MP).

T h e appellant has been convicted for the offence punishable under Section 304-B of IPC and sentenced to undergo 10 year R.I. with fine of Rs.1,000/-, under Section 306 of IPC and sentenced to undergo RI for 7 years with fine of Rs.1,000/-, under Section 498-A of IPC and sentenced to undergo RI for 3 years with fine of Rs.1,000/- and under Section 4 of IPC and sentenced to undergo R.I for 1 year with fine of Rs.1,000/- with default stipulations.

Prosecution story in short is that on 21.07.2017 deceased (Anjali)

committed suicide by hanging herself.

Learned counsel for this appellant submits appellant No.2 is the mother- in-law of the deceased who is stated to have committed suicide by hanging herself on 21.07.2023. Allegations are omnibus in nature. There is no specific nature of allegations and demand of dowry against the appellant Indira Oed. Appellant is aged about 58 years old lady and she was on bail during trial. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended. Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 21-11-2023 10:54:02

Learned counsel for the State opposed the prayer on the basis of objection.

Heard the counsel for the parties.

Looking to the facts and circumstances of the case, age of the appellant and evidence of the prosecution witnesses without expressing any conclusive opinion on the merits of the case, I deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No. 10113 of 2023 is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed

that appellant No.2 Smt. Indira Oed be released on bail on her furnishing a personal bond for a sum of Rs.50,000/- (Rupees fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a

further direction to appear before the trial Court, Bhopal o n 20 th of December, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per Rules.

(HIRDESH) JUDGE

Akm

Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 21-11-2023 10:54:02