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Madhya Pradesh High Court

Sohanlal vs The State Of Madhya Pradesh on 16 March, 2018

     THE HIGH COURT OF MADHYA PRADESH

                       CRA-609-2017
            (SOHANLAL Vs THE STATE OF MADHYA PRADESH)




9
Jabalpur : Dated 16.03.2018

     Shri Anil Kumar Tiwari, counsel for appellant.
     Shri Akshay Namdeo, G.A., for respondent.

Heard on I.A.No.3717/2018 an application for grant of bail and suspension of custodial sentence awarded to appellant Sohanlal.

This is third application for suspension of sentence and grant of bail on behalf of appellant Sohanlal, who has been convicted u/s 306 of IPC to undergo R.I., for 7 years and to pay fine of Rs.1,000/- and u/s 498-A of IPC to undergo R.I., for 3 years and to pay fine of Rs.500/-, with default stipulations.

Earlier two applications have been dismissed as withdrawn, with liberty to revive the prayer after four months.

It is argued by the learned counsel for appellant that the deceased was wife of appellant, the appellant has never practiced cruelty with her. The deceased had some suspicion over the character of appellant and due to this she had consumed poison and committed suicide. The trial Court on erroneous appreciation of evidence has convicted the appellant in aforesaid offence. He is in custody since more than 2 years and 2 months, therefore prayer may be allowed.

Learned counsel for State has opposed the prayer.

THE HIGH COURT OF MADHYA PRADESH CRA-609-2017 (SOHANLAL Vs THE STATE OF MADHYA PRADESH) Considering the evidence available on record and period of custody, the application is allowed and it is directed that the substantial sentence of the appellant shall remain suspended and appellant Sohanlal shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 10.9.2018 and on such other dates as may be directed from time to time in this regard.

I.A.No.3717/2018 stands allowed and disposed of.

C.C., as per rules.

(Anurag Shrivastava) Judge Digitally signed by M. SANTOSH P MATHEWS Date: 2018.03.16 16:15:22 +05'30'