Madhya Pradesh High Court
Manvendra Singh vs State Of M.P on 5 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 294 of 2014
(MANVENDRA SINGH Vs STATE OF M.P)
Dated : 05-02-2024
Shri Anand Purohit - Advocate for the appellant.
Dr. Anjali Gyanani - Public Prosecutor for respondent/State.
Heard on I.A.No.11651 of 2023, sixth repeat application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant- Manvendra Singh.
Present appellant stood convicted under Sections 302, 498-A IPC and
under Section 4 of the Dowry Prohibition Act and sentenced to undergo
imprisonment for life with a fine of Rs.5,000/-, RI for three years with a fine of
Rs.1,000/- and RI for one year with a fine of Rs.2,000/- respectively with
default stipulations vide judgment of conviction and order of sentence dated
19.12.2013 passed by I Additional Sessions Judge, Bhind (M.P.) in Sessions
Trial No.148 of 2011.
The present appellant so far has undergone jail sentence of 11 years, 07
months and 23 days as per the information in shape of letter dated 29.11.2016
issued from the office of Superintendent, Central Jail, Gwalior (M.P.) submitted
by learned counsel for the appellant which is taken on record.
As per prosecution story, complainant Beniram had got solemnized the
marriage of his daugther Sunita (since deceased) with accused/appellant
Manvendra Singh @ Bantu on 29.05.2010 as per his status. But
accused/appellant and his family members started asking for dowry of Rs.One
Lac and a motorcycle for which she was being harassed by her husband
Manvendra Singh, father in law Jawan Singh, Kamla @ Meena and elder sister in
law (Jethani) Laxmi. On coming to her parents house, she had told about this
fact to her family members. Complainant Beniram tried to appease the accused
persons but they showed their reluctance and continued to harass her. On
06.11.2010, accused assaulted the deceased and shot her due to which she
sustained gunshot injuires on palm of her right hand, elbow of left hand, left
thigh and stomach. No such information was given of this incident to the
complainant and deceased was admitted to KDJ Hospital Morar where she
succummed to the injuries sustained by her on 19.11.2010. On information
given by his elder daughter Pinki on phone, complainant rushed to the said
hsopital where he found deceased to be dead and no person of her matrimonial
home was found. On the basis of such information, Marg was registered first
and after Marg enquiry, FIR was reduced in writing. Investigation was set in
motion. Upon completion of investigation including recording of statements,
collection of evidence and necessary formalities, challan was filed before the
JMFC, Bhind (M.P.) from where the case was committed to the Sessions
Court. The Sessions Court, on appreciation of evidence placed on record,
convicted and sentenced the present appellant as mentioned above.
Learned counsel for appellant while taking exception to the impugned
judgment of conviction and order of sentence submits that the present appellant
has falsely been implicated. However, he has confined his argument to the
extent of long incarceration suffered by the appellant viz.11 years, 07 months
and 23 days as per the information in shape of letter issued from the office of
Superintendent, Central Jail, Gwalior (M.P.). It is further submitted that the
appeal being of 2014 is not likely to be decided in the near future. On these
grounds, learned counsel submits that the present appellant may be extended
the benefit of suspension of sentence and grant of bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant.
Upon hearing learned counsel for the parties, though this Court is not
inclined to extend the benefit of suspension of sentence and grant of bail to the
present appellant on merits, however, regard being had to the only fact that
present appellant so far has undergone incarceration of 11 years, 07 months and
23 days as per the information in shape of letter issued from the office of
Superintendent, Central Jail, Gwalior (M.P.), and the appeal which is of the year
2014 is not likely to be decided in the near future, we are of the view that
present appellant is entitled to the benefit of suspension of sentence and grant
of bail.
Accordingly, I.A.No.11651 of 2023 stands allowed and it is directed
that the jail sentence of present 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.2,00,000/- (Rupees Two Lacs only) with one
solvent surety in the like amount to the satisfaction of the Trial Court.
Appellant- Manvendra Singh is directed to appear before the Registry of
this Court first on 09.05.2024 and on other subsequent dates as may be fixed in
this behalf.
Accordingly, the 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.
(ROHIT ARYA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
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