Purushottam Rathore vs The State Of Madhya Pradesh
2024 Latest Caselaw 21152 MP

Madhya Pradesh High Court

Purushottam Rathore vs The State Of Madhya Pradesh on 5 August, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                                   1                                   CRA-6299-2018
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                           CRA No. 6299 of 2018
                                               (PURUSHOTTAM RATHORE Vs THE STATE OF MADHYA PRADESH )



                           Dated : 05-08-2024
                                 Shri Ashok Jain with Ms. Nikita Jain, learned counsel for the appellant.

                                 Shri Rohit Mishra, learned Additional Advocate General for
                           respondent/State.

Heard on I.A.No.15569/2024, sixth application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant Purshottam

Rathore.

Present appellant has been convicted under Section 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.5,000/- with default stipulation vide judgment dated 07.08.2018 passed by Sessions Judge, Gwalior in Sessions Trial No.395/2014.

Learned counsel for the appellant submits that this application has been filed after completion of six years custody. Deceased died by falling from third floor of the house. Death took place after almost 10 years of the marriage and during this, there is no complaint to the police about cruelty and demand of dowry against the appellant. Daughter of the deceased as well as appellant has not been examined by

the prosecution. She was examined as a defence witness, in which she has totally denied the allegations levelled in the charge-sheet. There is a huge delay in lodging the FIR as incident took place on 21.09.2013, death took place on 28.09.2013 and FIR was registered on 09.01.2014. Learned counsel also submits that the appellant has fair chance to succeed in this appeal and if the jail sentence is not suspended, the application may be rendered infructuous. This appeal is of the year 2018 and there is no likelihood of its final hearing in near future. He,

2 CRA-6299-2018

therefore, prays for grant of suspension and to release appellant on bail.

Learned counsel for the State has opposed the application for suspension of sentence.

In view of the aforesaid facts and circumstances of the case, without commenting anything on the merits of the case, we find that it is a fit case to suspend the custodial sentence of the appellant.

Accordingly, I.A.No.15569/2024 stands allowed and it is directed that the jail sentence of appellant shall remain suspended during pendency of the present appeal and he shall be released on bail subject to verification of the factum of depositing the fine amount and on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the Trial Court.

Present appellant is directed to appear before the Registry of this Court first on 12/11/2024 and thereafter, on other subsequent dates as may be fixed in this behalf.

Accordingly, the said IA stands allowed and disposed of. Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the appeal.

Certified copy as per rules.

                                     (VIVEK RUSIA)                                (RAJENDRA KUMAR VANI)
                                         JUDGE                                            JUDGE


                           Abhi