Pran Singh vs State Of M.P.

I.A.No.9273/2019, first application u/S.389(1) Cr.P.C. for suspension of jail sentence and grant of bail filed by appellant No.3- Gopal Singh is taken up and considered along with reply of the State.

This Criminal appeal assails the judgment dated 26/02/2019 passed in ST No.228/2017 by Second Additional Sessions Judge, District Guna (M.P.) whereby appellant No.3-Gopal Singh has been convicted as under with default stipulation :-

Sec

Imprisonment

Fine

306 of IPC

10 Years' R.I.

Rs. 8,000/- with default stipulation

201 of IPC

7 Years R.I.

Rs.4,000/- with default stipulation

Learned Public Prosecutor for the State opposed the application and prayed for its rejection.

Allegation of abetment to suicide is alleged against the appellant No.3-Gopal Singh who happens to be brother-in-law of the deceased.

Prosecution story found to be proved is that co-convicted person Shivraj was having extra marital affairs with co-convicted appellant-Vinita and the said two persons along with appellant No.3-Gopal Singh who happens to be brother of Shivraj instigated the deceased to commit suicide. It is alleged that the deceased consumed poisonous substance and thereafter died. Implication of appellant No.3-Gopal Singh is based on indirect evidence having assisted co-convicted persons-Shivraj and Vinita and causing disappearance of dead body by performing the last-rites without waiting for police authorities to conduct post mortem.

Considering the aforesaid and the fact that the deceased is a major lady, aged about 26 years and that appellant No.3-Gopal Singh who has no criminal antecedents has suffered about one year of imprisonment and also that there is no likelihood of early disposal of the appeal in near future, this Court is inclined to grant bail to appellant No.3-Gopal Singh by way of suspension of sentence.

Accordingly, without expressing any opinion on merits, I.A.No.9273/2019 is allowed and it is directed that the jail sentence of sole appellant will remain under suspension subject to the verification that the amount of fine has been deposited on the appellant's furnishing bail bond of Rs. 50,000/- (Rs. One Fifty Thousand Only) with two solvent sureties each of Rs.25,000/- in the like amount to the satisfaction of CJM, Guna for their appearance before the concerned CJM on 24/04/2020 and on such further dates as may be fixed by him which shall be of frequency not less than once a year.

In case, the appellant found absent on any date fixed by the concerned trial Court then the said trial Court 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.

C.c. as per rules.