Madhya Pradesh High Court
Anil Chaudhry vs The State Of M.P. on 8 June, 2021
Author: Rajendra Kumar Srivastava
1 CRA-5949-2020
The High Court Of Madhya Pradesh
CRA-5949-2020
(ANIL CHAUDHRY AND OTHERS Vs THE STATE OF M.P.)
7
Jabalpur, Dated : 08-06-2021
Heard through Video Conferencing.
Shri Shyam Yadav, Advocate for the appellant.
Shri Yogendra Das Yadav, G.A. for the respondent-State.
Heard on I.A. No.9964/2021 for amendment in the application for
suspension of sentence of the appellant No.1-Anil Chaudhary.
Considering the averments made in the application, the same is
allowed.
Appeal is already admitted for final hearing.
Now, heard on I.A. No.8343/2021 a temporary application for
suspension of execution of sentence awarded to the appellant and grant of
bail.
Vi d e judgment dated 16.10.2020 passed by learned Sessions
Judge, Panna, Distt.-Panna in S.T. No. 30/2019, the appellant has been
convicted for the offence punishable under Section 304-B r/w Section 34
of IPC and sentenced him to undergo R.I. for 10 years, with a fine of Rs.
4,000/-, under Section 498-A r/w Section 34 of IPC and sentenced him to
undergo R.I. for 3 years with fine of Rs. 2,000/- and under Section 4 of
Dowry Prohibition Act and sentenced him to undergo R.I. for 1 year with
a fine of Rs. 1,000/- with default stipulation in each
Learned counsel for the appellant No.1 submits that the execution
of jail sentence of appellant Nos.2 & 3 has already been suspended by
this Court and have been granted bail vide orders dated 16.02.2021 &
08.05.2021. He further submits that the appellant No.3 was mother of
appellant No.1. She has died on 14.05.2021 but due to COVID-19, her
Signature Not Verified
SAN ashes immersion (asthi visarjan) has not been done till now. Appellant
Digitally signed by PALLAVI SINHA
Date: 2021.06.09 11:17:41 IST
2 CRA-5949-2020
No.1 want to go Prayagraj for the same according to Hindu rituals. He is
the only son of appellant No.3. This appeal is of year 2020 and trial will
take time to conclude the same. There is fair chance to succeed in the
appeal. There is no likelihood of his absconding and tampering with the
evidence. Under the circumstances, if the execution of sentence of the
appellant is not suspended, his right to file appeal will be futile. Hence,
prayer is made for temporary suspension of jail sentence and grant of
bail to the present appellant-accused.
On the other hand, learned Panel Lawyer for the respondent-State
opposes the submission of appellant's counsel and prays for rejection of
application.
Heard and perused the record.
Having considered the argument advanced by learned counsel for
the parties and the fact of mother of appellant No.1 (appellant No.3) has
died on 14.05.2021, appellant No.1 is son of appellant No.3, due to
COVID-19 lockdown, her mother's Asthi Visarjan could not been done
according to Hindu rituals, so in view of this Court, it is appropriate to
grant temporary bail for 10 days' to the appellant-accused No.1.
Accordingly, the said I.A. is allowed.
It is ordered that subject to payment of fine amount, if not already
deposited, the execution of jail sentence of the appellant-Anil
Choudhary shall remain suspended for 10 days and he be released on
bail on his furnishing a personal bond for a sum of Rs. 50,000/-(Rupees
Fifty Thousand Only) with one solvent surety in the same like amount to
the satisfaction of the trial court. After the expiry of said period of 10
days, appellant is directed to surrender himself before the Trial Court. If
the appellant-accused will not surrender before the Trial Court after expiry of
the aforesaid period, then Trial Court is free to take necessary steps.
Signature Not Verified
SAN List this matter in week commencing 21.06.2021.
Digitally signed by PALLAVI SINHA
Date: 2021.06.09 11:17:41 IST
3 CRA-5949-2020
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
Pallavi
Signature Not Verified
SAN
Digitally signed by PALLAVI SINHA
Date: 2021.06.09 11:17:41 IST
