Shri Ram vs Smt. Mamtabai
2023 Latest Caselaw 17654 MP

                                                                1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT INDORE
                                                        CRR No. 4895 of 2023
                                                   (SHRI RAM Vs SMT. MAMTABAI AND OTHERS)

                            Dated : 20-10-2023

                                   Shri Ashish Gupta, learned counsel for the applicant.


                                   Issue notice of I.A.No.16014/2023, application for condonation of delay
                            to the respondents on payment of PF by RAD mode within seven working

days, returnable within four weeks.

Let record of the Courts below be requisitioned. Heard on I.A.No.15885/2023, which is an application filed under Section 397 of Cr.P.C. for suspension of sentence and grant of bail to the applicant.

The applicant has been convicted by the Court of 3rd Additional Sessions Judge, Dewas in Cr.A.No.34/2022 vide judgment dated 16.03.2023, under Section 31 of the Protection of Women from Domestic Violence Act and sentenced to undergo six months RI with fine of Rs.5,000/- with default stipulation.

Learned counsel for the applicant submits that he is ready to deposit

Rs.38,000/- (Rs.Thirty Eight Thousand only) of remaining maintenance amount before the trial Court at the time of releasing the applicant on bail. It is further submitted that applicant has not committed offence and has been falsely implicated in the case. Earlier, he was unable to deposit maintenance amount payable to the complainant/wife and son of the applicant, therefore, they had filed complaint under Section 31 of the Protection of Women from Domestic Violence Act. The final hearing of this revision will take long time. Hence, prays for suspension of jail sentence of applicant. Signature Not Verified Signed by: SHAILESH PATIL Signing time: 20-10-2023 18:39:40

Considering the overall facts and circumstances of the case and short term jail sentence of the applicant, coupled with the fact that final hearing of this revision may take long time, hence, it would be appropriate to suspend the jail sentence of the applicant.

Accordingly, I.A. No.15885/2023 is allowed. It is directed that substantive jail sentence of applicant - Shri Ram shall be suspended subject to his depositing the fine amount (if not already deposited) and Rs.38,000/- (Rs.Thirty Eight Thousand only) of maintenance amount of the respondent and on furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of like amount to the satisfaction

of trial Court for his appearance before the Registry of this Court on 05.12.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf.

Certified copy as per Rules.

(PRAKASH CHANDRA GUPTA) JUDGE

patil

Signature Not Verified Signed by: SHAILESH PATIL Signing time: 20-10-2023 18:39:40