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2020 Supreme(MP) 1006
IN THE HIGH COURT OF MADHYA PRADESH
Subodh Abhyankar, J.
Babloo @ Kamal Yadav v. State of M.P.
Criminal Revision No. 1080 of 2020 (J); Decided on 4.8.2020.
Amit Dubey for applicant; Shivam Hazari, Panel Lawyer for State.
Headnote:
Penal Code, 1860 -- S. 498 A -- Limitation Act, 1963 -- S. 5 -- Criminal P.C., 1973 -- S. 374 (3) -- applicant's marriage solemnized with complainant -- alleged cruelty by applicant and his family members with complainant/wife -- trial Court convicted all of them and sentenced to one year's RI with fine -- all accused persons released on bail -- in appeal, family members acquitted -- applicant did not file appeal -- declared absconding -- later on, arrested and sent to jail -- filed appeal with application for condonation of dealy of 8 years and one month -- appellate Court dismissed application -- against it, criminal revision -- impugned order set aside -- applicant already undergone more than seven months sentence -- jail sentence reduced to sentence already undergone by him -- applicant be released from jail. [Paras 9 to 12]
naM lafgrk 1860 & /kkjk 498d & ifjlhek vf/kfu;e 1963 & /kkjk 5 & naM ÁfØ;k lafgrk 1973 & /kkjk 374¼3½ & vkosnd dk fookg ijfokfnuh ls vuq"Bkfir & vkosnd rFkk mlds dkSVqafcd lnL;ksa }kjk ifjokfnuh iRuh ls vfHkdfFkr dzwjrk & fopkj.k U;k;ky; us mu lHkh dks fl}nks"k Bgjk;k rFkk tqekZus lfgr ,d o"kZ ds dBksj dkjkokl ls naMkafn"V fd;k & leLr vfHk;qDr O;fDr tekur ij NksM+s x, & vihy esa dkSVqafcd lnL; nks"keqDr & vkosnd us vihy Qkby ugha dh & Qjkj ?kksf"kr ckn esa fxjrkj fd;k x;k rFkk tsy Hkstk x;k & 8 o"kZ ,d ekl ds foyac dh ekQh ds fy, vkosnu ds lkFk vihy Qkby dh & vihy U;k;ky; us vkosnu [kkfjt fd;k & blds fo#} nakfMd iqujh{k.k & vk{ksfir vkns'k vikLr & vkosnd igys gh lkr ekl ls vf/kd naMkns'k Hkksx pqdk gS & mlds }kjk igys Hkksxs x, naMkns'k rd tsy naMkns'k de fd;k x;k & vkosnd tsy ls NksM+k tk,A ¼iSjk 9 ls 12½
ORDER
1. This criminal revision under sections 397/401 of the Code of Criminal Procedure has been preferred by the applicant being aggrieved by the judgment dated 24.1.2020 passed by the Second Additional Sessions Judge, Hoshangabad in Criminal Appeal No.5766/2019 by which the learned lower appellate Court has dismissed the application filed by the applicant under section 5 of the Limitation Act, 1963 for condonation of delay in filing the aforesaid Criminal Appeal No.5766/2019. The said criminal appeal was filed against the judgment dated 25.11.2011 passed in Criminal Case No.1442/2009 by the Judicial Magistrate First Class, Hoshangabad whereby the accused persons have been convicted under section 498A of IPC and sentenced to one year’s RI with fine of Rs.300/- each with default clause.
2. In brief the facts of the case are that the applicant’s marriage with the complainant was solemnized on 22.4.2007, however, on account of the cruelty meted out by the applicant and his family members to the complainant/wife an FIR under section 498A of IPC was lodged against them and subsequently after the charge sheet was filed, Criminal Case No. 1442/2009 was instituted. In the aforesaid case the applicant’s mother, father, sister and brother-in-law were also named and the learned Judge of the trial Court, after recording the evidence convicted all of them as aforesaid. However, after their conviction all the accused persons were released on bail and their sentence suspended by the learned Judge of the trial Court so that they could file an appeal before the lower appellate Court.
3. It appears that after being released from the jail, the present applicant did not file any appeal although all the other family members preferred CRA No.214/2011 under section 374(3) of Cr.P.C. before the Additional Sessions Judge, Hoshangabad, who vide its judgment dated 9.11.2012 has already acquitted them under section 498A of IPC. While acquitting the aforesaid accused persons the learned Judge of the lower appellate Court has held that the complainant has not been able to prove her case beyond reasonable doubt that the accused persons used to harass her or treat her with cruelty in order to procure dowry from her. The record also reveals that after being released on bail in the Criminal Case No.1442/2009 as aforesaid, the applicant did not prefer any appeal as had been preferred by other his family members and thus was declared absconding and arrest warrant was issued against him. Pursuant to the said arrest warrant, he was arrested on 19.12.2019 and was sent to the Central Jail, Hoshangabad and thereafter preferred an appeal under section 374(3) of Cr.P.C. on 28.12.2019. The appeal so preferred by the applicant was filed after a delay of 8 years and one month for which an application under section 5 of the Limitation Act, 1963 for condonation of delay was also filed. In the aforesaid application it was stated that on account of false allegations levelled against the applicant he left home and also became mentally disturbed and thus he could not prefer the appeal within time and thus it was prayed that the delay so caused in filing the appeal be condoned.
4. The learned Judge of the lower appellate Court after considering the applicant’s application filed under section 5 of the Limitation Act came to the conclusion that along with the application for condonation of delay the applicant has not filed any document to demonstrate that he was in any manner mentally disturbed and thus held that the delay caused in filing the appeal cannot be condoned and the application for condonation of delay was dismissed and consequently, the appeal preferred by the applicant under section 374(3) of Cr.P.C. also came to be dismissed vide order dated 24.1.2020. The said order dated 24.1.2020 is under challenge before this Court.
5. Learned counsel for the applicant has submitted that the applicant was arrested on 19.12.2019 in the present case because after his conviction on
