Rampal Choudhary vs The State Of Madhya Pradesh
2022 Latest Caselaw 8073 MP

                                                                        1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                CRA No. 9787 of 2019
                                                     (RAMPAL CHOUDHARY Vs THE STATE OF MADHYA PRADESH)

                                    Dated : 20-06-2022
                                           Shri Parvez Ahmed Quazi, Advocate for the appellant.

                                           Shri Satyapal Chadhar, Public Prosecutor for the respondent/State.

I.A. No.10221/2020 is taken up.

This is the first application under Section 389(1) Cr.P.C. for suspension of custodial sentence awarded to the sole appellant-Rampal Choudhary who stands convicted under Sections 304-B, 498-A of I.P.C. and Section 3/4

Dowry Prohibition Act and sentenced to undergo R.I. for 10 years, 01 year and 01 year and to pay fine of Rs.2000/-, Rs.1000/- and Rs.1000/- respectively with default stipulations.

2. The allegation against the appellant is that his wife died on 01.11.2018 within 1 and 1/2 year of marriage by 90-99% burns otherwise than under abnormal circumstances.

3 . After hearing both the parties and considering the admission of all material witnesses that there was no demand of dowry at the time of the marriage. Marriage was solemnized in harmonial atmosphere, conduct of the

appellant observed by the Court in para 102 of the impugned judgment, admission of the concerned witnesses with regard to the presence of family members of the deceased and absence of any objection taken by them at the time of preparation of memo of corpse and at other relevant point of time, contradiction appeared in the statement of both the doctors who treated the Signature Not Verified SAN deceased first and who conducted autopsy regarding smell of kerosene, Digitally signed by NITESH PANDEY Date: 2022.06.21 10:39:34 IST defence of the appellant with regard to mode of sustaining burnt injury i.e.

sudden overflow/leakage of gas from LPG cylinder and evidence available on record to support this defence, I deem it appropriate to allow the application, therefore, without commenting on the merits of the case, I.A.No.10221/2020 is allowed.

6. It is directed that on deposit of entire fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with separate surety bond in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 15.11.2022 and on all subsequent dates as may be fixed by the trial Court in that regard, the appellant/applicant namely Rampal Choudhary be released on

bail and his substantive sentence under appeal shall remain suspended.

7. In the event of non-appearance of the appellant/applicant, the trial Court shall be at liberty to take coercive action against him to secure his presence under intimation to this Court.

8. Let the appeal be listed for final hearing in due course.

(VIRENDER SINGH) JUDGE

Nitesh

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2022.06.21 10:39:34 IST