Suspension of sentence in appeal

Appellant in prison for four years:

In this case it is to be noted that marriage of the deceased with appellant was performed on 13.02.2005 and they were blessed with two children. Though initially case was registered under Sections 304B, 498A and 302, IPC, after investigation the appellant and his parents were charged under Sections 304B and498A, IPC. The parents of the appellant herein were discharged on an application and only appellant was tried for the offence under Sections 498A and 304B, IPC. It is also brought to our notice that the appellant is confined in jail from 15th December2016 onwards and further it is also brought to our notice that the father of the appellant was diagnosed with pancolitis.

Though learned senior counsel, by taking us to the findings recorded by the trial court, has submitted that no case is made out for the offence under Section 304B and he was erroneously convicted for offence under Section 304B as well as 498A, IPC, in view of the pendency of the appeal before the High Court, we do not wish to go into the merits of the matter at this stage.

Suspension of sentence:

However, considering the submissions made by the learned counsel and other material placed on record and further taking into account that the appellant is in jail since 15th December2016, we deem it appropriate that it is a fit case to suspend the sentence imposed on the appellant and to enlarge the appellant on bail, pending Criminal Appeal No.1325 of 2016 before the High Court.

Read full judgement here: