Madhya Pradesh High Court
Mulayam @ Bhagwandas vs The State Of Madhya Pradesh on 20 November, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9601 of 2022
(MULAYAM @ BHAGWANDAS AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 20-11-2023
Shri Vishal Vincent Rajendra Daniel - Advocate for the appellants.
Shri Vivek Lakhera-Panel Lawyer for the respondent-State.
Heard on I.A.No.24491/2023, an application under Section 389(1) of
Cr.P.C. on behalf of appellant No. 3 Deepak and appellant No.4 Sanjay for
suspension of jail sentence and grant of bail pending the appeal.
T he appellants along with other co-appellants have been convicted for
commission of offence under Section 304-B of IPC and have been sentenced
to R.I. for 8 years and fine of Rs. 1,000/-, with default stipulation by the learned
II Additional Sessions Judge, Niwadi (MP) vide judgment dated 07.09.2022
passed in ST No. 60/2020 ( State of MP Vs. Mulayam @ Bhagwandas and
others).
Learned counsel for the appellant Nos. 3 & 4 has submitted that appellant
Nos.3 & 4 are the younger brothers of appellant No.2 husband of the deceased,
in fact, they are younger brother-in-law of the deceased. They have been
erroneously convicted and sentenced by the learned trial Court as it has not
properly appreciated the evidence of prosecution witnesses. It is submitted that
main allegations are against husband and father-in-law. The allegations against
appellant Nos.3 & 4 are omnibus and general in nature. Undoubtedly, deceased
died within a period of six months of marriage but learned trial Court has not
appreciated the fact accepted by PW-1 in his evidence that deceased was very
muc h attached with the father who had died some time before committing
suicide by deceased. It is submitted that due to untimely and sudden death of
Signature Not Verified
Signed by: BIJU BABY
Signing time:
11/21/2023 10:48:16 AM
her father, deceased was under depression as she was very close to her father
and due to loss of her father she has committed suicide. It is submitted that
present appellants have nothing to do with the commission of offence. No
specific allegations have been made against the appellants. It is submitted that
they have fair chance to succeed in appeal. They have already undergone more
than a year in jail. There is no possibility of coming of this appeal for hearing in
near future. Therefore, if their jail sentence is not suspended, the purpose of
filing this appeal would become futile.
On the other hand, learned counsel for the State has opposed the prayer
for grant of bail to the appellants.
Admittedly, appellant Nos. 3 & 4 are the younger brothers of the
husband of the deceased. It cannot be overlooked that deceased has died
within a period of 6 months of marriage but at the same time it also cannot be
overlooked that present appellants are younger brother-in-law of the deceased.
Therefore, having taken into consideration the evidence on record and the
allegations against appellant Nos.3 & 4, I am of the view that a case for
suspension of jail sentence and grant of bail to appellant Nos. 3 & 4 pending the
appeal is made out. Consequently, I.A.No.24491/2023 is allowed.
Execution of jail sentence of appellant No.3 Deepak and appellant No.4
Sanjay is hereby suspended subject to depositing the fine amount, if not
already deposited. It is directed that appellant No.3 Deepak and appellant No.4
Sanjay be released on bail on their furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like
amount each to the satisfaction of the trial Court with a further direction to
appear before the trial Court on 22.01.2024 and also on such other dates, as
Signature Not Verified
may be fixed by that Court in this regard during the pendency of this appeal.
Signed by: BIJU BABY
Signing time:
11/21/2023 10:48:16 AM
List this case for final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
b
Signature Not Verified
Signed by: BIJU BABY
Signing time:
11/21/2023 10:48:16 AM
