Madhya Pradesh High Court
Ramswaroop vs The State Of Madhya Pradesh on 20 February, 2024
Author: Sunita Yadav
Bench: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 15302 of 2023
(RAMSWAROOP Vs THE STATE OF MADHYA PRADESH)
Dated : 20-02-2024
Shri Dharmendra Kumar Shrivastava - Advocate for appellant.
Shri Anand Shrivastava - Panel Lawyer for respondent/State.
The appeal being arguable is admitted for final hearing.
Heard on I.A.No. 693 of 2024, second application under Section 389(1)
of Cr.P.C. for suspension of sentence and grant of bail to the appellant. His
first application for suspension of sentence (I.A. No.22533 of 2023) was
dismissed as withdrawn.
The appeal has been preferred by the appellant under Section 374 of
Cr.P.C. against the impugned judgment of conviction and sentence dated
28.11.2023 passed by Additional Sessions Judge, District Ashoknagar (M.P.) in
Sessions Trial No. 23/2022 whereby appellant has been convicted and
sentenced under Section 306 of IPC to undergo rigorous imprisonment of five
years with fine of Rs.20,000/-, with default stipulations.
Learned counsel for the appellants argued that the Court below has
wrongly convicted the appellant against the settled principle of law that demand
of money which was given on loan does not come within the purview of
instigation to commit suicide. In this case as per suicide note article A/1, the
deceased committed suicide on account of demand of money which was given
on loan to him by the appellant-accused. The perusal of the suicide note it is
apparent that not only the appellant but other persons have also provided loan
to the deceased and he was incapable to repay the loan amount to the other
persons and was worried about for repayment of loan amount. In support of his
argument, he has placed reliance upon the judgment passed by Hon'ble
Supreme Court in the case o f Sandeep Tiwari Vs. State of Madhya
Pradesh, reported on 2016 (2) CrLR (M.P.) 422 as well as in the case of
Mohit Singhel Vs. State of Uttrakhand passed in Criminal Appeal No.
3578 of 2023 dated 01.12.2023. It is further submitted that the jail sentence of
co-accused person has already been suspended by this Court on 13.02.2024.
This criminal appeal is likely to take long time to come up for final hearing and
appellant has hope and believe that he would succeed, therefore, prayed to
suspend the jail sentence of the appellant.
On the other hand, learned State counsel opposed the application and
prayed for rejection of the same.
Considering the arguments advanced by learned counsel for the parties,
without commenting on merits of the case, application (I.A. No. 693 of 2024)
is allowed and it is directed that subject to depositing of fine amount, if not
already deposited, and on furnishing a personal bond of Rs.1,00,000/-
(Rupees One Lac only) with one solvent surety of the like amount to the
satisfaction of the concerned trial Court, the remaining jail sentence of the
appellant shall remain suspended and he be released on bail. He is further
directed to mark his presence before the Registry of this Court on 22.05.2024
and on subsequent dates in this regard till final disposal of this appeal.
List the case for final hearing in due course.
A copy of this order be sent to the concerned Court below for
compliance.
Certified copy/ e-copy as per rules/directions.
(SUNITA YADAV)
JUDGE
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