Pratipal vs The State Of Madhya Pradesh
2021 Latest Caselaw 9084 MP

                                    1                              CRA-6351-2021
         The High Court Of Madhya Pradesh
                  CRA No. 6351 of 2021
                      (PRATIPAL Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 21-12-2021
        Shri Subodh Kathar, counsel for the appellant.

        Shri Sheshmani Mishra, Panel Lawyer for the respondent.

Heard on the question of admission.

Appeal seems to be arguable, hence admitted for hearing. Heard on I.A.No. 19010/2021 which is first application for suspension

of sentence filed on behalf of appellant who stands convicted vide order

dated 09.10.2021 passed by 5th Addl. Session Judge in Session Trial No. 05/2018 for offence punishable under Section 498-A, 304-B of the Indian Penal Code and sentenced to undergo RI for 3 years and 10 years, respectively and Section 4 of the Dowry Prohibition Act and sentenced to undergo RI for 1 year with fine and default stipulations.

As per the facts of the case, wife of the appellant has died as a result of consumption of poison in unnatural circumstances within a year of marriage due to harassment for dowry.

Learned counsel for the appellant submits that deceased was not the legally wedded wife of the appellant. She was married to one Dashrath for 4-5 years and without getting a decree of divorce, she started living with the appellant. Further, no complaint was made by the deceased about any harassment or marpeet prior to the incident. Hence, it is prayed that the substantive jail sentence of the appellant be suspended and he be released on bail.

Learned Panel Lawyer for the State has opposed the bail application. Heard learned counsel for the parties. Perused the impugned judgment. Considering the facts and circumstances of the case, particularly the statement of close relatives of the deceased, wherein they have clearly stated against the appellant about demand of dowry, at this stage, I am not inclined to release the appellant on bail.

2 CRA-6351-2021 Hence, I.A.No. 19010/2021 stands dismissed. List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

vidya Digitally signed by SREEVIDYA Date: 2021.12.22 15:07:26 +05'30'