Gudduraja @ Chhoteraja vs The State Of Madhya Pradesh
2022 Latest Caselaw 8483 MP

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        THE HIGH COURT OF MADHYA PRADESH
                  Criminal Appeal No.2094/2022
            (Gudduraja @ Chhoteraja & others. vs. State of M.P.)

Jabalpur, Dated 27.06.2022

       Shri D. S. Baghel, counsel for the appellants.

       Shri Gopal Jaiswal, Panel Lawyer for the respondent/State.

Heard on admission.

Record perused.

The appeal seems to be arguable, hence, admitted for

hearing.

Heard on I.A. No.3723/2022.

2. This is first application under Section 389(1) of Cr.P.C. for suspension of sentence of the appellants No.2 to 8 who stand convicted and sentenced as under-

     Convicted under                          Sentenced to
        Section

Appellants No.2 to 8 undergo R.I. for 2 years and to pay fine of Rs.2000/-

498-A IPC each with default stipulation

3/4 Dowry Prohibition undergo R.I. for 2 years and to pay fine of Rs.1000/-

Act each with default stipulation

3. The wife of the appellant No.1-Gudduraja died within three years of marriage. Her parents, and relatives made allegation that she committed suicide due to cruelty committed by the applicant No.1 and the in-laws (appellants No.2 to 8) with their daughter, for her failure to comply with his demand of dowry.

4. Heard the parties at length and perused the record.

5. On going through the evidence of the prosecution and its appreciation in paragraph 30, 31 and 32 of the impugned judgment, age of the applicant/appellant No.8- Ramkuwar bai i.e. 73 years and admission of sister of deceased i.e. Savita PW- 5 in cross-examination regarding her physical condition which has also been mentioned in paragraph 25 of the impugned judgment, a case for suspension of sentence of all the appellants is made out. Accordingly, I.A. No.3723/2022 is allowed.

6. It is directed that on deposit of entire fine amount (if not already deposited) and on furnishing a personal bond to the tune of Rs.30,000/- (Rupees Thirty Thousand Only) each with separate surety bond in the like amount to the satisfaction of the trial Court for their appearance before the trial Court on 14.11.2022 and on subsequent dates as may be fixed by the trial Court, the appellant- No.2-Roop Singh, appellant No.3-Bharat Singh, appellant No.4- Jaypal Singh, appellant No.5-Lekhpal Singh @ Nekpal Singh,

appellant No.6-Yashpal Singh, appellant No.7-Shivkumari @ Badi Bahu and appellant No.8-Ramkuwar Bai be released on bail and the substantive sentence under appeal shall remain suspended till the final decision of the appeal.

7. In the event of non-appearance of the appellants/applicants, the trial Court shall be at liberty to take coercive action against them to secure their presence under intimation to this Court.

8. List the appeal for final hearing in due course.

(Virender Singh) Judge

Loretta Digitally signed by MRS. LORETTA RAJ Date: 2022.06.28 15:26:55 +05'30'