Madhya Pradesh High Court
Chandresh Tiwari vs The State Of Madhya Pradesh on 9 June, 2021
Author: Vishal Dhagat
1 CRA-7462-2019
The High Court Of Madhya Pradesh
CRA-7462-2019
(CHANDRESH TIWARI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
21
Jabalpur, Dated : 09-06-2021
Heard through Video Conferencing.
Shri Manish Datt, learned Senior counsel with Shri Sidharth Datt
for the appellants.
Shri H. S. Hora, learned Panel Lawyer for respondent/State.
Appellant no.1 Chandresh Tiwari has filed I.A No.10493/2020 under
Section 389(1) of Code of Criminal Procedure, for suspension of his jail
sentences. Earlier application, I.A No.16549/2019 for suspension of sentence
of appellant no.1 Chandresh Tiwari was dismissed as withdrawn.
Appellants have been convicted under Sections 498-A and 304-B • of
IPC and Section 4 of Dowry Prohibition Act and have been sentenced to
undergo R.I. for one year; R.I for eight years and R.I for one year
respectively along with fine amount of Rs.3000/- each respectively with
default stipulations.
It is submitted by learned Senior Counsel appearing for the appellants
that witnesses in the case namely; P.W-1 Pankaj Mishra, P.W-2 Rajesh
Mishra, P.W-3 Kamlesh Mishra and P.W-4 Chandrakanti Mishra had made
omission in their deposition before the Court and for the first time before the
Court has stated that deceased was subjected to cruelty soon before her
death. It is submitted that only general allegations were made regarding
harassment of the deceased. In their statement to police under section 161
CrPC, nothing has been stated that deceased was subjected to cruelty soon
before her death. He further submitted that in panchnama which has been
prepared by the police, it has been stated that no external injuries were seen
on the body of deceased. It was also submitted that doctor P.W-6 Dr. R. P.
Pyasi, in his deposition, has also stated that no external injury was seen on the
Signature
SAN Not body of deceased. It is further submitted that negatives of the photographs
Verified
Digitally signed by
MONSI M SIMON
Date: 2021.06.10
10:14:19 IST
2 CRA-7462-2019
had not been exhibited. Said photographs are secondary evidence. Learned
Senior Counsel also submitted that appellant no.1 Chandresh Tiwari is in jail
since last two years. On said basis, learned Senior Counsel for the appellants
prays for suspension of sentence and grant of bail to appellant no.1
Chandresh Tiwari.
Learned Panel Lawyer opposed the application for suspension of
sentence. It is submitted by him that the trial court had specifically mentioned
in paras 49 and 50 of the impugned judgment that from the exhibited
photographs (Exhibit P-21 & P-22) it is clearly evident that there were injury
marks on the deceased. She was subjected to cruelty soon before her
death.
Heard the learned counsel for the parties.
Considering the evidence available on record, I.A. No.10493/2020 is
allowed. It is hereby directed that sentences of appellant no.1 Chandresh
Ti w a r i shall remain suspended during the pendency of this appeal,
subject to deposit of the fine amount, if not already deposited, and he
shall be released on bail on his furnishing personal bond in the sum of
Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the
like amount to the satisfaction of the trial Court, for his appearance
before the Registry of this Court on 15.11.2021 and on other dates as may
be fixed in this regard by the Registry till final disposal of this appeal.
List the appeal for final hearing in due course.
C.C. as per rules.
(VISHAL DHAGAT)
JUDGE
mms
Signature
SAN Not
Verified
Digitally signed by
MONSI M SIMON
Date: 2021.06.10
10:14:19 IST
