Vinesh @ Nonelal vs State Of Madhya Pradesh

Heard on the question of admission.

Appeal seems to be arguable, hence admitted for hearing.

Heard on I.A.No.1748/2020, which is first application for suspension of sentence and grant of bail to the appellant who stands convicted vide judgment dated 30.11.2019 passed by 2nd Additional Sessions Judge, Bijawar, Chhatarpur in ST No.242/2016 for offences punishable under Sections 304B and 498A of the IPC and sentenced to undergo RI for 10 years and 2 years, respectively with fine and default stipulation as well as under Section 4 of the Dowry Prohibition Act and sentenced to undergo RI for 1 year with fine of Rs.500/- with default stipulation.

Learned counsel for the appellant submits that the appellant has been convicted on the basis of statement of mother of the deceased and presumption under Section 113B of the Indian Evidence Act. The deceased committed suicide within three years of her marriage. There are material discrepancies in statement of Bhanguti (PW-1). Due to COVID-19 pandemic, the final disposal of this appeal would take considerable time, hence, the substantive jail sentence of the appellant be suspended and he be granted bail.

Learned Panel Lawyer for the State has vehemently opposed the bail application.

Considering the facts and circumstances of the case, without commenting upon the merits of the case, I.A. No.1748/2020 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant-Vinesh @ Nonelal shall remain suspended during the pendency of this case and he be released on bail. The appellant shall appear before the concerned trial Court on 22.12.2020 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

I.A.No. 1748/2020 stands disposed of.

List the case for hearing in due course.