Madhya Pradesh High Court
Santosh Kumar Sahu vs The State Of Madhya Pradesh on 30 November, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 13128 of 2023
(SANTOSH KUMAR SAHU AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 30-11-2023
Shri S.K.Patel - Advocate for appellants.
Shri Vinod Tiwari - Panel Lawyer for respondent/State.
Heard on admission.
Admit.
Also heard o n I.A. No.24684 of 2023, this is first application for
suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C.
on behalf of appellant No.2-Sumitra Sahu and appellant No.3 - Choti Bai.
T h e appellants have been convicted vide judgment dated 23.09.2023
passed by IIIrd Additional Sessions Judge, Mandla in S.T. No.02/2022 and
appellants have been convicted for offence punishable under Sections 304(B),
498 (A) of IPC and under Section 3/4 of Dowry Prohibition Act and sentenced
to undergo RI for 7 years to pay fine of Rs.1,000/-, sentenced to undergo 3
years to pay fine of Rs.500/- and sentenced to undergo six months and to pay
fine of Rs.1000/- each respectively, with usual default stipulations.
Learned counsel for the appellants submits that the trial Court has not
properly appreciated the evidence in its proper perspective and committed
grave error in convicting the appellants No.2 and 3 for aforesaid offence. The
appellants are in jail since the date of pronouncement of judgement. There are
fair chances of success of this appeal and final hearing of same will take
considerable time, therefore, if remaining custodial sentence has not been
suspended, then the appeal filed by appellants may turn infructuous. Under
these circumstances, learned counsel for appellants prays for suspension of jail
sentence and release of appellants No.2 and 3 on bail till the final disposal of
the appeal.
O n the other hand, learned Penal Lawyer has opposed the contention
raised by learned counsel for appellants No.2 and 3 and prays for rejection of
said application.
Looking to the aforesaid facts and circumstances of the case and
according to listing policy the hearing of this appeal will take time, the
application is allowed and it is directed that the execution of the remaining jail
sentence passed against appellant No.2-Sumitra Sahu and appellant No.3 -
Choti Bai. shall remain suspended during the pendency of this appeal and they
be released on bail subject to depositing entire fine amount, if already not
deposited and upon their furnishing personal bond in the sum of Rs. 50,000/-
(Rs. Fifty Thousand only) each with one solvent surety in like amount to
the satisfaction of the trial Court for securing his presence appearance before
the trial Court on 24/01/2024 and on such further dates as may be fixed by trial
Court it in this regard during the pendency of this appeal.
List the appeal for final hearing in due course
(ROOPESH CHANDRA VARSHNEY)
JUDGE
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