Madhya Pradesh High Court
Sharda Gupta vs The State Of Madhya Pradesh on 9 February, 2022
Author: Rajeev Kumar Dubey
1
The High Court Of Madhya Pradesh
CRA No. 7663 of 2021
(SHARDA GUPTA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 09-02-2022
Heard through Video Conferencing.
Shri Somi Chourasiya, counsel for the appellant.
Shri Sunil Gupta, learned P.L. for the respondent / State.
Heard on I.A.No.1549/2022, which is an application U/S.389 (1) of
Cr.P.C. for suspension of the custodial sentence passed against appellant
No.1 Sharad Gupta and release him on bail.
This appeal has been preferred against the judgment dated
24.11.2021 passed by Additional Session Judge, Amarwarda Distt.
Chhindwara in S.T. No.100281/2014 whereby learned ASJ found appellant
No.1 Sharad Gupta guilty for the offences punishable under Sections 498-
A, 306 of IPC and sentenced him to undergo R.I. for 3 years with fine of Rs.
500/- and R.I. for 10 years with fine of Rs.1000/- respectively with default
stipulation.
As per prosecution case on 12/03/2014 deceased Rani Gupta wife of
co-accused Sharad Gupta committed suicide by hanging herself. It is alleged
that appellant No.1 Sharad Kumar Gupta husband and co-accused
Nemichand Gupta father-in-law and Shakuntala Gupta mother-in-law of
deceased demanded dowry and used to harass the deceased, due to which
she committed suicide.
Learned counsel for the appellant submitted that the allegations
regarding demand of dowry and harassment against appellant No.1 Sharad
Gupta are general in nature and there are many contradiction and omission in
the statements of prosecution witnesses in this regard. Though, it is alleged
that deceased Rani Gupta left two suicide notes (Ex.P-8 & P-9), but there is
no handwriting expert's report to show that the said notes were written by
deceased Rani Gupta. On the contrary, from the defence evidence it is clearly
Signature Not Verified
SAN
proved that deceased was suffering from mental disease, due to which she
Digitally signed by NAVEEN KUMAR
SARATHE
Date: 2022.02.09 17:09:41 IST
committed suicide. Even the mother of the deceased Gangabai (PW-1) in her
cross-examination in para 5 admitted this fact. The trial Court without
appreciating the evidence properly wrongly convicted the appellant No.1 for
the aforesaid offences. The appellant No.1 is in custody since the date of
judgment i.e. 24/11/2021. Hence prayed for suspension of the jail sentence
and release of the appellant on bail since the hearing of this appeal will take
time.
O n the other hand, learned counsel for the State opposed the prayer
and submitted that the appellant No.1 is husband of the deceased and he used
to harass the deceased and demanded dowry. The guilt of the appellant
No.1 is proved beyond reasonable doubt, therefore, learned trial Court has
rightly convicted and sentenced the appellant No.1.
Looking to the facts and circumstances of the case, the contention of
learned counsel for the appellant No.1 and the fact that the appellant is in
custody since 24/11/2021 and according to listing policy the hearing of this
appeal is likely to take a long time, the application is allowed and it is directed
that the execution of the jail sentence alone passed against appellant No.1
Sharad Gupta shall remain suspended during the pendency of this appeal and
he be released on bail upon furnishing personal bond in the sum of
Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to
the satisfaction of the trial Court for his appearance before the Registry of
this Court on 25/04/2022 and on such further dates as may be fixed in this
behalf by the Registry during the pendency of this appeal.
Since the appeal has already been admittted for hearing vide order
dated 19.01.2022, list the case for final hearing in due course.
C.C. as per rules.
(RAJEEV KUMAR DUBEY)
JUDGE
sarathe
Signature Not Verified
SAN
Digitally signed by NAVEEN KUMAR
SARATHE
Date: 2022.02.09 17:09:41 IST
