ANIL Vs. STATE

JUDGEMENT

(1.) Crl.M. (Bail) 8236/2020 An application under Sec. 389 Cr.P.C. seeking suspension of sentence during the pendency of the appeal has been preferred on behalf of the appellant.

(2.) The appellant stands convicted vide judgment dtd. 25/4/2019 for the offences under Ss. 498A/304B I.P.C. and Sec. 4 of Dowry Prohibition Act, 1961. Vide order dtd. 30/4/2019, the appellant has been sentenced to undergo RI for a period of 02 years with fine of Rs.10,000.00 (in default of payment of fine, to undergo SI for 06 months) for offence under Sec. 498A I.P.C., to undergo RI for a period of 10 years for offence under Sec. 304B I.P.C. and to undergo SI for a period of 01 year with fine of Rs.5,000.00 (in default of payment of fine, to undergo SI for 03 months) for offence under Sec. 4 of Dowry Prohibition Act, 1961. All the sentences to run concurrently.

(3.) Learned counsel for the appellant submits that there is strong case on merits, since the writing in the suicide note was never compared during the course of investigation. Also, during the course of trial, benefit of bail was extended to the petitioner vide order dtd. 8/4/2015 passed by this Court. The other contentions as raised in the appeal have also been raised challenging the impugned judgment on merits. In support of the contentions, learned counsel for the petitioner has further relied upon Major Singh and Anr. v. State of Punjab, 2015(5) SCC 201; Hira Lal and Ors. v. State (Govt. of NCT) Delhi, (2003) 8 SCC 80; Biswajit Halder @ Babu Halder and Ors. v. State of West Bengal, (2008) 1 SCC 202; Narayanmurthy v. State of Karnataka and Anr., (2008) 16 SCC 512; Amar Singh v. State of Rajasthan, (2010) 9 SCC 64; Appasaheb and Anr. V. State of Maharashtra, 2007 (1) Crimes 110 (SC); S. Gopal Reddy v. State of Andhra Pradesh, AIR 1996 SC 2184; Devinder @ Kala Ram and Ors. v. State of Haryana, (2012) 10 SCC 763 and Budhiman Singh v. State of UP, Criminal Appeal No. 987 of 2016 decided on 20/4/2018.