Madhya Pradesh High Court
Jahar vs The State Of Madhya Pradesh on 13 April, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7438 of 2021
(JAHAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 13-04-2022
Shri Laxmi Narayan Sakle, learned counsel for the appellants.
Shri Teekaram Kurmi, learned Panel Lawyer for the respondent/State.
Record of the Trial Court has been received.
Heard on admission.
The appeal is admitted for final hearing.
Also Heard on I.A.No.21827/2021, application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail to appellant No.2 Maniram.
The appellants have been convicted under Sections 304-B and 498-A of IPC
and have been sentenced to undergo R.I. for 10 year, and R.I. for 2 years and
fine of Rs. 5000/- respectively with default stipulation by the Sessions Judge,
Chhatarpur (M.P.) vide judgment dated 24.11.2021 passed in ST No. 47/2017
(State of MP Vs. Jahar and another)
Learned counsel for the appellant No. 2 submitted that in this case, on
19.07.2016 deceased/Vimlesh consumed hair dye in her matrimonial house, she
was taken to the District Hospital Chhatarpur where she died on 02.08.2016. After
death, marg was registered under Section 174 of Cr.P.C. and almost after a period
of six months FIR Exhibit P-17 was registered on 17.02.2017. Learned counsel
for the appellant No.2 has further contended that in this period no report was made
by the parents of the deceased/Vimlesh. In the meantime a Panchayat was
organized by Lakhan Kushwaha (PW-2) father of deceased but when in Panchayat
matter could not be settled, then on the basis of after thought statement FIR was
registered. Learned counsel for the appellant No.2 has taken me to Para No. 12,
13 and 17 of the evidence of Lakhan Kushwaha (PW-2) father of deceased in
which he has stated that at the time of marg inquiry he did not make any statement
about demand of dowry and cruelty caused with deceased by the appellant
No.2/Maniram. In Para 13 (PW-2) has admitted that appellants accused are well to
Signature Not Verified
SAN
do and their financial condition is better than his. He further admitted that appellant
No. 2 Maniram used to sell the vegetables. He has further admitted that
Digitally signed by LALIT SINGH RANA
Date: 2022.04.13 17:15:36 IST
deceased/Vimlesh was comfortable in her matrimonial house. Learned counsel for
the appellant No.2 further submitted that no specific allegations have been made
against the appellant No.2 about demand of dowry and causing cruelty with
deceased. Appellant No.2 Maniram is 55 years old father-in-law of
deceased/Vimlesh. Therefore, he may be released on bail till final disposal of the
appeal.
O n the other hand, learned Panel Lawyer for the respondent/State has
opposed suspension of execution of jail sentence and grant of bail.
In this case, FIR has been registered almost after six months of the incident.
I have gone through the paras 12, 13 and 17 of the evidence of Lakhan Kushwaha
(PW-2). Thus, having gone through the evidence of other witnesses also and taking
into consideration the facts that specific allegations and evidence is against the
husband. I am inclined to release the appellant No.2 Maniram on bail till further
orders.
Accordingly, aforesaid I.A.No.21827/2021 is allowed. The execution of
jail sentence of appellant No.2-Maniram is hereby suspended subject to
depositing the fine amount, (if not already deposited). It is directed that the
appellant be released on bail on his furnishing a personal bond to a sum of
Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like
amount to the satisfaction of the trial court with a further direction to appear
before the trial Court on 13.09.2022 and also on all such other dates, as may be
fixed by the trial Court in this regard during the pendency of this appeal.
List the case for final hearing in due course as per listing policy.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
L.R.
Signature Not Verified
SAN
Digitally signed by LALIT SINGH RANA
Date: 2022.04.13 17:15:36 IST
