Madhya Pradesh High Court
Satendra Patel vs The State Of Madhya Pradesh on 16 November, 2021
Author: Sanjay Dwivedi
1 CRA-2858-2021
The High Court Of Madhya Pradesh
CRA No. 2858 of 2021
(SATENDRA PATEL Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 16-11-2021
Shri Durgesh Pandey, counsel for the appellant.
Shri Prakash Gupta, Panel Lawyer for the respondent/State.
Learned counsel for the appellant is heard on the question of
admission and also on the question of grant of bail.
The appeal involves arguable point, therefore admitted for hearing.
He is also heard on I.A. No. 6748/2021 which is an application for
suspension of sentence and grant of bail to the appellant.
The appellant has been convicted by the trial Court under Sections
304-B, 498-A of I.P.C. and 4 of Dowry Prohibition Act and sentenced to
undergo ten years R.I. and fine of Rs. 2000/-, two years R.I. and fine of
Rs. 1000/- and six months R.I. and fine of Rs. 500/- with default
stipulation.
Learned counsel for the appellant submits that the appellant has
remained in jail during trial w.e.f 18/06/2012 to 26/03/2014 and further
from the date of judgment i.e. 09/04/2021 till now. He further submits
that from the record available, it is clear that the prosecution has failed to
prove its case beyond reasonable doubt and without any direct evidence
against the present appellant and the allegation regarding demand of
dowry, the trial Court has convicted him.
He has also drawn the attention of this Court towards the statement
of mother of the deceased i.e. PW-3 namely Smt. Dhanwanti Devi. She
has also been declared hostile and has not supported the case of the
prosecution. According to the appellant, he was serving in Pune and at
the time of incident, he was not available in the town where the deceased
has committed suicide. It is also submitted by him that it is clear from
Signature Not Verified
SAN
Digitally signed by VAIBHAV YEOLEKAR
Date: 2021.11.17 11:27:20 IST
2 CRA-2858-2021
the record and the material produced by the prosecution that there was no
dispute between the husband and wife and they had very cordial
relations. However, there was some quarrel took place between the
deceased and her mother-in-law and out of anger, she has committed
suicide by hanging herself.
Although, learned Panel Lawyer has opposed the submission made
by learned counsel for the appellant and tried to justify the judgment of
the trial Court and submits that the finding given by the trial Court is
based upon proper evidence produced by the prosecution.
Considering the rival submissions of the parties and on a perusal of
the record, without commenting anything on the merits, I am of the
opinion that I.A. No. 6748/2021 deserve to be allowed and is
accordingly allowed. It is directed that remaining jail sentence of
appellant Satendra Patel shall remain suspended and he shall be
released on bail on his furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty thousand only) with a surety bond of the like
amount to the satisfaction of the trial court concerned for his appearance
before the Registry of this Court on 7th February, 2022 and on such
other dates as may be fixed by the Registry in this regard.
Certified copy as per rules.
(SANJAY DWIVEDI)
JUDGE
vy
Signature Not Verified
SAN
Digitally signed by VAIBHAV YEOLEKAR
Date: 2021.11.17 11:27:20 IST
