Madhya Pradesh High Court
Sriram Yadav vs The State Of Madhya Pradesh on 4 March, 2021
Author: Rajendra Kumar Srivastava
1 CRA-1962-2019
The High Court Of Madhya Pradesh
CRA-1962-2019
(SRIRAM YADAV Vs THE STATE OF MADHYA PRADESH)
16
Jabalpur, Dated : 04-03-2021
Shri K.B. Vishwakarma, Advocate for the appellant.
Shri Jitendra Shrivastava, Panel Lawyer for the respondent-
State.
Record of the court below is available on record.
Appeal is admitted for hearing.
Heard on I.A.No.6395/2020, which is repeat (third) application
filed by the accused/appellant, under section 389 (1) of Cr.P.C. for
suspension of his jail sentence awarded by the Court of learned II
Addl. Sessions Judge Chhatarpur, District Chhatarpur (MP), in S.T.
No.124/2014 vide its judgment dated 22.1.2019 convicting the
appellant/accused for offence punishable under Section 498-A of the
IPC and sentenced him to undergo RI for 3 year with fine of
Rs.5,000/-, under Section 304-B of the IPC he is sentenced to
undergo RI for 7 years with fine of Rs.5,000/-& under Section 4 of
Dowry Prohibition Act, he is sentenced to undergo RI for 2 year with
fine of Rs.5,000/-,with default stipulation, on each count.
A s per prosecution case, on 27.2.2014, deceased Beta Bai
committed suicide by hanging herself at her matrimonial home. Marg
was registered. It is found that marriage of deceased Beta Bai was
solemnized with present accused/appellant on 2.6.2013. After the
marriage, accused/appellant demanded Rs.50,000/-, one motorcycle
and golden chain, as dowry. Due to non-fulfillment of dowry,
accused/appellant humiliated and tortured her, so she committed
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SAN
Verified suicide. Thus, accused/appellant committed dowry death.
Digitally signed by
ASHWANI
PRAJAPATI
Date: 2021.03.04
16:16:41 IST
2 CRA-1962-2019
Lear ned counsel for the accused/appellant submits that
accused/appellant is in jail since 22.1.2019 till now. He remained in
jail during the trial from 20.5.2014 to 16.10.2014, so he has served
substantial jail since out of 7 years. There is no reliable evidence
available on record on which it can be said that accused/appellant
demanded dowry and due to non-fulfillment of dowry,
accused/appellant humiliated and tortured the deceased. Jairam
(PW/5) is brother of deceased, who deposed before the trial Court
that at the time of marriage, accused/appellant did not demand any
dowry. He also admitted this fact that at the time of Vida of
deceased, deceased did not tell him about the demand of dowry and
cruelty. He deposed before the trial Court that when he reached the
matrimonial house of deceased, at that time, deceased was happy. So,
it appears that learned trial Court did not appreciate the evidence in
perspective way with regard to demand of dowry and cruelty.
Actually, deceased wanted to go in the house of brother-in-law.
Accused/appellant refused her proposal, due to this she became angry
and committed suicide. Accused/ appellant produced Dhaniram
(DW/1) in this regard. He deposed all these things before the learned
trial Court, but learned trial Court did not appreciate his evidence in
perspective way. This appeal is of year 2019, trial will take time to
conclude the same. There are material contradictions and omissions
in the statement of the witnesses. 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 jail
sentence of the appellant is not suspended, his right to file appeal will
be futile. Hence, prayer is made for suspension of jail sentence and
Signature
SAN Not
Verified
Digitally signed by
ASHWANI
PRAJAPATI
Date: 2021.03.04
16:16:41 IST
3 CRA-1962-2019
grant of bail of present accused/ appellant.
Learned Panel Lawyer has opposed the application and prayed
for its rejection.
Having considered the arguments advanced by learned counsel
for the parties and the fact that accused/appellant is in jail since
22.1.2019 till now, he remained in jail during the trial from
20.5.2014 to 16.10.2014, so appellant has served substantial jail
sentence out of 7 years, this appeal is of year 2019, final hearing of
this appeal will take time, but without commenting anything on the
merit of the case, 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-Sriram Yadav shall remain suspended during
the pendency of this appeal 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 amount of Rs. 50,000/-
to the satisfaction of the trial Court for his appearance before the trial
court on 23.6.2021 and thereafter on all other such subsequent dates,
as may be fixed by the trial court in this regard.
In case, the appellant is found absent on any date fixed by the
trial court then the said court shall be free to issue and execute
warrant of arrest without referring the matter to this Court, provided
the Registry of this Court is kept informed.
In view of the outbreak of 'Corona Virus disease (COVID-19)'
the applicant shall also comply with the rules and norms of social
distancing. Further, in view of the order passed by the Hon'ble
Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to
issue the following direction to the jail authority :-
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Digitally signed by
ASHWANI
PRAJAPATI
Date: 2021.03.04
16:16:41 IST
4 CRA-1962-2019
1. The Jail Authority shall ensure the medical examination of
the appellant by the jail doctor before his release.
2 . The appellant shall not be released if he is suffering from
'Corona Virus disease'. For this purpose appropriate tests will be
carried out.
3 . If it is found that the appellant is suffering from 'Corona
Vi ru s disease', necessary steps will be taken by the concerned
authority by placing him in appropriate quarantine facility.
List this matter for final hearing in due course, as per listing
policy.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
A.Praj.
Signature
SAN Not
Verified
Digitally signed by
ASHWANI
PRAJAPATI
Date: 2021.03.04
16:16:41 IST
