Sunil Suryavanshi vs The State Of Madhya Pradesh
2024 Latest Caselaw 14306 MP

Madhya Pradesh High Court

Sunil Suryavanshi vs The State Of Madhya Pradesh on 15 May, 2024

Author: Sheel Nagu

Bench: Sheel Nagu

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                           CRA No. 4946 of 2022
                                          (SUNIL SURYAVANSHI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 15-05-2024
                                    Shri Siddharth Datt - Advocate for appellant no.2 - Urmila.

                                    Shri Pramod Kumar Pandey - Government Advocate for respondent-

State.

State counsel adopts the objection filed in the earlier application for suspension of sentence for the purpose of response to I.A. No.5697/2024,

repeat (second) application for suspension of sentence filed u/S.389(1) of Cr.P.C. on behalf of appellant No.2 Urmila.

I.A. No.5697/2024 has been filed for suspension of sentence u/S.389(1) of Cr.P.C. on behalf of appellant no.2 - Urmila after rejection of earlier one which was dismissed as withdrawn without being considered on merits, is taken up and considered alongwith objection of the State.

This criminal appeal assails the judgment dated 07.03.2020 passed in S.T. No.34/2019 by First Additional Sessions Judge, Betul District Betul (M.P.) whereby appellant no.2 has been convicted u/Ss. 302 r/w Section 34 of IPC

and sentenced to undergo life imprisonment with fine of Rs.5000/- with default stipulation.

The co-convicted person namely Sunil Suryanshi had been extended benefit of suspension of sentence by order dated 24.01.2024 in the present case on the ground that there were certain contradictions between the three dying declarations and also that the said Sunil (being husband) tried to save the deceased while she was set on fire and while doing so sustained burn injuries in his hand.

Present appellant is the mother-in-law of deceased and has been squarely implicated in the dying declaration. However, without commenting upon merits of the case, this Court is persuaded by the fact of applicant No. 2 being a woman aged about 64 years and is in custody since about six years and there is no possibility of final hearing of this case in near future, this Court is inclined to grant bail to the appellant No.2. Hence, I.A. No.5697/2024 is allowed.

Accordingly, it is directed that jail sentence of appellant No.2 - Urmila will remain under suspension on her furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of Trial Court for

her appearance before the concerned Magistrate on 29.7.2024 and on such further dates as may be fixed in this regard, which shall be of frequency not less than once a year.

In case, appellant is found absent on any date fixed by the concerned Magistrate, then concerned Magistrate shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

A copy of this order be sent to the Trial Court concerned for compliance.

List the matter for final hearing in due course.

Certified copy as per rules.

                                 (SHEEL NAGU)                                 (AVANINDRA KUMAR SINGH)
                                    JUDGE                                              JUDGE

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