Madhya Pradesh High Court
Sharda Gupta vs The State Of Madhya Pradesh on 19 January, 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 : 19-01-2022
Heard through Video Conferencing.
Shri Somi Chourasiya, counsel for the appellants.
Smt. Alka Singh Baghel, P.L. for the respondent / State.
Heard on the question of admission.
Appeal seems to be arguable, hence it is admitted for final hearing.
Also heard on I.A.No.22320/2021, which is an application U/S.389 (1)
of Cr.P.C. for suspension of the custodial sentence passed against appellant
No.2 Shakuntala Gupta and release her 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.2 Shakuntala Gupta guilty for the offences punishable under Sections
498-A, 306 of IPC and sentenced her to undergo R.I. for 3 years with fine of
Rs. 500/- and R.I. for five years with fine of Rs.500/- 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.2 Shakuntala Gupta mother-in-law and co-accused
Nemichand Gupta father-in-law and Sharad Kumar Gupta husband 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.2 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 in those
Signature Not Verified
SAN
suicide notes also there is no allegation against appellant No.2 Shakuntala
Digitally signed by ANURAG SONI
Date: 2022.01.19 17:19:07 IST
Gupta. On the contrary, from the defence evidence it is clearly proved that
deceased was suffering from mental disease, due to which she committed
suicide. The trial Court without appreciating the evidence properly wrongly
convicted the appellant No.2 for the aforesaid offences. The appellant No.2 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.2 is mother-in-law of the deceased and
she used to harass the deceased and demanded dowry. The guilt of the
appellant No.2 is proved beyond reasonable doubt, therefore, learned trial
Court has rightly convicted and sentenced the appellant No.2.
Looking to the facts and circumstances of the case, the contention of
learned counsel for the appellant No.2 and the fact that the appellant No.2 is a
lady, she 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.2 Shakuntala Gupta shall remain suspended during the pendency
of this appeal and she 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 her 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.
List the case for final hearing in due course.
C.C. as per rules.
(RAJEEV KUMAR DUBEY)
JUDGE
as
Signature Not Verified
SAN
Digitally signed by ANURAG SONI
Date: 2022.01.19 17:19:07 IST
