Madhya Pradesh High Court

Jagdish Pal vs The State Of Madhya Pradesh on 1 April, 2025

Author: Anand Pathak

Bench: Anand Pathak

                                                              1                                  CRA-8647-2019
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                      CRA No. 8647 of 2019
                                              (JAGDISH PAL Vs THE STATE OF MADHYA PRADESH )



                          Dated : 01-04-2025
                                Shri Sunil Kumar Jain- learned counsel for appellant.
                                Shri D.S. Kushwaha- learned Additional Advocate General for
                          respondent/State.

Heard on I.A. No. 536/2025 , second application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of

appellant-Jagdish Pal.

This criminal appeal assails the judgment dated 02/07/2019 passed by Additional Sessions Judge, Gwalior in S.T. No. 472/2011, whereby present appellant has been convicted under Section 304-B of IPC and Section 498-A of IPC and sentenced to undergo Life Imprisonment and sentenced to undergo two years RI with fine of Rs.2000/- respectively, with default stipulations.

It is the submission of learned counsel for the appellant that the trial Court erred in convicting and awarding the jail sentence to present appellant.

It is further submitted that present appellant has already suffered sufficient period of incarceration as pre and post trial confinement. It is further submitted that deceased was suffering from mental ailment/migraine related disease whereby she herself was mentally disturbed. Learned counsel refers testimony of Dr. Dinesh Udainiya (DW-1 ), Dr. Abhishek Sikarwar (DW-2) and Dr. Achana Tiwari (DW-3) to submit that she suffering from mental

2 CRA-8647-2019 depression and other ailments as she wanted to have separate household in her in-laws house and being disturbed by the fact she committed suicide. Appellant has strong case on merits. Hearing of appeal shall take some time to conclude. He undertakes to abide by the terms and conditions as imposed by this Court. Fine amount has already been deposited. On the aforesaid submissions, he prays for suspension of sentence and grant of bail to present appellant.

Learned counsel for the respondents/State opposed the prayer and prayed for dismissal of the application for suspension of sentence.

Heard the learned counsel for parties and perused the record. Considering the submissions advanced by counsel for parties,this Court, without commenting on merits of the case, intends to allow the

application for suspension of sentence (I.A. No. 536/2025).

Accordingly, I.A. No. 536/2025 is allowed. If appellant Jagdeesh Pal furnishes bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with one solvent surety of the like amount to the satisfaction of the trial Court that he shall appear before the Principal Registrar of this Court on 26/06/2025 and thereafter, on all other subsequent dates as may be fixed by the Office for appearance, then he shall be released on bail and execution of jail sentence is suspended till disposal of this appeal, subject to deposit of fine amount.

I.A. No. 536/2025 stands allowed and disposed of. Copy of this order be sent to the trial Court concerned for information and necessary compliance.

3 CRA-8647-2019 Certified copy as per rules.

(ANAND PATHAK) (HIRDESH) JUDGE JUDGE ar