Rahul vs State Of M.P

Heard on I.A. No.6434/2020, which is an application under Section 389 (1) of the Cr.P.C. for suspension of jail sentence on behalf of the sole appellant Rahul S/o Ghisalal Mewade.

The appellant- Rahul has been convicted for the offence under Sections 306, 498(A) of the I.P.C. vide judgment dated 20.02.2020 passed by the 1st Addl. Sessions Judge, Rajgarh in Sessions Trial No.180/2019 sentenced the appellant to undergo 7 years of R.I. with fine of Rs. 1500/- and 3 years R.I. with fine of Rs.500/- with default stipulation.

Learned counsel for the appellant submits that the appellant is the husband of the victim. The marriage of the victim was solemnized with the appellant on 17.05.2017. The victim committed suicide on 15.04.2019 within a period of 2 years of her marriage. However, according to the finding of the trial court in paragraph 19 of the judgment the prosecution has failed to establish that the appellant committed dowry death of his wife. It is alleged that on 10.02.2019 the appellant brutally beaten the deceased and she had committed suicide on 15.04.2019 after 2 months of the alleged incident therefore, it cannot be said that this is the reason for the deceased to commit suicide. There is no evidence on record to prove that at any point of time the appellant has instigated and provoked the deceased to commit suicide. It is further submitted that the Trial Court has not properly appreciated the evidence and ignored the material contradictions and omissions in the statement of the prosecution witnesses. The appellant has already completed more than 2 years in the custody, there are fair chances of success of the appeal and there is no likelihood of hearing of the appeal in the near future. If the sentence of the appellant is not suspended then the present appeal becomes infructuous. The appellant is ready to deposit the fine amount. Under these circumstances, counsel for the appellant prays for suspension of the custodial sentence.

In view of the aforesaid, I.A. No.6434/2020 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellant after being enlarged on bail, shall mark his presence before the registry of this Court on 14/12/2020 and on all such subsequent dates, which are fixed in this regard by the Registry.

I.A. No.6434/2020 stands disposed of.

List the appeal for final hearing in due course.

Certified copy, as per rules.