Madhya Pradesh High Court
Ashish Pandey vs The State Of Madhya Pradesh on 22 February, 2024
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 11342 of 2022
(ASHISH PANDEY Vs THE STATE OF MADHYA PRADESH)
Dated : 22-02-2024
Shri Manish Datt - Senior Advocate with Shri Shubham Mishra -
Advocate for the appellant.
Shri S.M. Patel - Panel Lawyer for the respondent/State.
Trial Court record has been received.
Heard on admission.
Trial Court record perused.
Prima facie, this appeal seems to be arguable. Hence admitted for final
hearing.
Heard on I.A.No.8998/2023, an application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail to appellant, pending the
appeal.
Appellant have been convicted for commission of offence under Section
306 of IPC and has been sentenced to undergo R.I. for 10 years and fine of
Rs.5000/- with default stipulation vide judgment dated 29.11.2022 delivered by
Additional Sessions Judge, Budhni, District Sehore in S.T.No.175/2019 (State
of M.P. Vs. Ashish Pandey & Others).
Learned counsel for appellant has submitted that appellant has not
committed any offence. He has been erroneously convicted by learned trial
Court as it has not taken into consideration the suicide note left by the deceased
in which she has not made any allegations against the present appellant about
instigating or abetting her to commit suicide. It is further submitted that
evidence of the deceased's mother and father that deceased in hospital and on
way to hospital had told them that she committed suicide due to Ashish Pandey
is an after thought. If appellant had in any way instigated or abetted the
deceased to commit suicide, same would have been taken down by the
deceased in the suicide note. The conviction is based only on the ground that
appellant was already married and this line has been selected from the evidence
of Shyam Kumar Dixit PW16. Appellant has already suffered more than 14
months in jail. He has fair chance to succeed in appeal. Therefore, it is prayed
that the execution of jail sentence of appellant may be suspended and he be
released on bail.
On the other hand, learned counsel for the respondent/State has
opposed grant of bail to the appellant.
I have gone through the evidence of PW1, PW2, PW3, PW4 and PW5
and the evidence of PW15. Having taken into consideration evidence of
witnesses on record and other facts and circumstances of the case including the
fact that there is no possibility of hearing of this appeal in near future, but
without expressing any opinion on the merits of the case, I am inclined to
suspend the remaining jail sentence of the appellant.
Consequently, I.A. No.8998/2023 is allowed. The execution of jail
sentence of appellant - Ashish Pandey is hereby suspended subject to
depositing the fine amount, if not already deposited. It is directed that the
appellant be released on bail on his furnishing a personal bond to a sum of
Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety each
of the like amount to the satisfaction of the trial court with a further direction
to appear before the trial Court on 22.08.2024 and also on such other dates, as
may be fixed by that Court in this regard during the pendency of this appeal.
List this case for final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
Jasleen
