Mahavir @ Kalia vs State of Haryana

S.S. SARON, J.—The Crl. Misc. application has been filed seeking suspension of sentence of imprisonment of the applicant/appellant Mahavir alias Kalia. The applicant/appellant Mahavir alias Kalia has been convicted by the learned Additional Sessions Judge, Hisar for the offence u/s 304-B IPC as also Section 498-A IPC. He has been sentenced to undergo imprisonment for life for the offence u/s 304-B IPC and to rigorous imprisonment for two years, besides, pay a fine of Rs. 2000/- and in default thereof, to undergo rigorous imprisonment for two months for the offence u/s 498-A IPC. Both the substantive sentences have been ordered to run concurrently. The parents of the applicant/appellant namely Kanwar Singh and Savitri (appellants in CRA No. 1635-SB of 2009) have been sentenced to undergo rigorous imprisonment for 10 years each for the offence u/s 304-B IPC and to rigorous imprisonment for 2 years, besides, pay a fine of Rs. 2000/- each and in default thereof, to undergo rigorous imprisonment for 2 months for the offence u/s 498-A IPC. The case is based on circumstantial evidence. There are arguable points in the appeal which would require consideration.

The FIR has been registered on the complaint of Mahavir Singh (PW2) who has stated that his elder brother Bir Singh is a Subedar in the Army and posted at Pune. Bir Singh has three daughters and two sons. Sharmila (deceased) eldest daughter of Bir Singh was married with the applicant/appellant Mahavir alias Kalia on 31.5.2004. It is alleged that the applicant/appellant Mahavir alias Kalia as also his parents and Sunita alias Mamta, sister-in-law of applicant/appellant were not satisfied with the dowry that was given and they used to illtreat her. Despite meetings of Panchayat, they continued to harass her and demanded a car. On 14.8.2007, Azad, a neighbour of the applicant/appellant Mahavir alias Kalia informed the complainant to have a talk with Sharmila on telephone. The complainant then rang up the father-in-law of Sharmila and he informed the complainant that whatever was to happen had happened. The complainant then suspected foul play and he went to the house of Sharmila, where he found her dead body lying on a cot in the courtyard.

The case involves arguable points. In terms of the affidavit of Sh. Surinder Singh Godara, Superintendent Central Jail, Hisar, the applicant/appellant Mahavir alias Kalia has undergone imprisonment of four years, 10 months and 10 days as on 3.10.2012. At present, he has undergone imprisonment of about 5 years which includes imprisonment of more than 3 years post-conviction. Therefore, the case of the applicant/appellant is covered by the guidelines laid down in the case of Dharampal Vs. State of Haryana and others wherein it has been held that life convicts who have undergone five years of imprisonment of which three years should be after conviction, should be released on bail during the pendency of the appeal. The sentence of imprisonment of the parents of the applicant/appellant has been suspended by this Court. The sentence of Kanwar Singh (father of the applicant/appellant) was suspended on 8.10.2009 and that of Savitri (mother of the applicant/appellant) was suspended on 26.11.2009 in CRA No. 1635-SB of 2009. The appeal is not likely to mature for hearing in the near future. In the facts and circumstances, it would be just and expedient to suspend the sentence of imprisonment of the applicant/appellant Mahavir alias Kalia during the pendency of the appeal. Accordingly, the Crl. Misc. application is allowed and the sentence of imprisonment of the applicant/appellant Mahavir alias Kalia, during the pendency of the appeal, shall remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Hisar.