Madhya Pradesh High Court
Kamlesh @ Sanjay vs The State Of Madhya Pradesh on 20 March, 2025
Author: Achal Kumar Paliwal
Bench: Achal Kumar Paliwal
1 CRA-10159-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10159 of 2023
(KAMLESH @ SANJAY Vs THE STATE OF MADHYA PRADESH )
Dated : 20-03-2025
Shri Ankit Saxena - Advocate for the appellant.
Shri K.V.S. Sunil Rao - Panel Lawyer for the respondent/State.
Heard on I.A. No. 32196/2024 an application under Section 389(1) of the
Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant.
The appellant has been convicted under Section 304-B of IPC and sentenced
to undergo RI for 10 years and fine of Rs. 500/- and section 498-A of IPC and
sentenced to undergo RI for 2 years and fine of Rs. 500/- and Section 306 of IPC
and sentenced to undergo RI for 5 years and fine of Rs. 500/- with default
stipulations.
Learned counsel for the appellant submits that marriage of deceased was
solemnized with appellant on 29.09.2019. Deceased committed suicide on
16.06.2021. Learned counsel for the appellant, after referring to para 76 of trial
court's judgment as well as testimony of DW-1 and PW-6, submits that from
testimonies of aforesaid, it is clearly established that at the time of incident,
deceased was suffering from TB disease. Testimony of DW-1 on aforesaid point is
unrebutted. Further, after referring to paras 1, 2, 10 & 11 of PW-1 as well as para
2 and 5 of PW-5, it is urged that therein it is not mentioned that how much money
was demanded by the appellant. Only in testimony of aforesaid witnesses, it is
mentioned that money was demanded but there is no detail about the same.
Appellant is in jail since 22.06.2021. The final hearing of this appeal is not
possible in near future. Thus, remaining jail sentence of appellant may be
2 CRA-10159-2023
suspended and they be released on bail.
The prayer is opposed by learned Panel Lawyer for the respondent/State.
Having regard to testimonies of PW-1 (paras 1, 10 and 11) and PW-5 (paras
2 and 5), I deem it proper to suspend the remaining jail sentence of the appellant.
Accordingly, I.A No. 32196/2024 is allowed.
Subject to depositing the fine amount, if not already deposited, the
remaining jail sentence of the appellant is hereby suspended and it is directed that
the appellant be released on bail on his furnishing a personal bond for a sum of
Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the
like amount to the satisfaction of the trial court with a further direction to appear
before the concerning trial court on 07.05.2025 and also on such other dates, as
may be fixed by the trial court in this regard during the pendency of this appeal.
IA No. 32198/2024 filed under section 432 of BNSS is also pending. The
same shall be considered at the time of final hearing. In the meantime, respondent
is directed to file reply to aforesaid IA.
List the case for final hearing in due course.
C. c. as per rules.
(ACHAL KUMAR PALIWAL)
JUDGE
L.R.
