Madhya Pradesh High Court
Monu Choudhary vs The State Of Madhya Pradesh on 23 August, 2023
Author: Achal Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1039 of 2022
(MONU CHOUDHARY Vs THE STATE OF MADHYA PRADESH)
Dated : 23-08-2023
Shri Vijay Shukla - Advocate for the appellant.
Ms. Chandrakanta Pal - Panel Lawyer for the respondent/State.
Heard on I.A.No.10748 of 2023 third application under Section 389(1)
of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to
appellant arising out of judgment dated 21.12.2021 delivered in S.T.
No.2700162/2014 by First Additional Sessions Judge Katni, District-Katni.
T h e appellant has been convicted under Section 304-Bof IPC and
sentenced to undergo R.I. for 7 years and under Section 498-A of IPC and
sentenced to undergo R.I. for 2 years with fine of Rs.500/- w it h default
stipulations.
His first application was dismissed on merits vide order dated 09.07.2022
(I.A.No.1658/2022) and second application was also dismissed on merits vide
order dated 08.02.2023 (I.A.No.14537/2022) by a co-ordinate Bench of this
Court.
Learned counsel for the appellant submits there is no evidence to connect
appellant with the alleged offence. Learned trial Court has wrongly convicted
and sentenced the appellant. Ingredients constituting offence under Section 304-
B of the IPC are not proved from evidence on record. No report with respect
to demand of dowry/harassment has been made during the life time of
deceased.
Learned counsel for the appellant further submits that prosecution
witnesses have stated that 8 days prior to the incident, deceased has told the
Signature Not Verified
Signed by: VAISHALI
AGRAWAL
Signing time: 8/24/2023
10:49:23 AM
witnesses about demand of dowry and harassment and thereafter, there was no
communication/contact between deceased's parents and deceased, therefore,
learned counsel for the appellant relying upon judgments passed by Hon'ble
Supreme Court in Criminal 1081/2010 (Durga Prasad & Anr Vs. State of M.P
) dated 14.05.2010, High Court of Madhya Pradesh Bench at Gwalior in the
case of Todarmal (Deleted) and 2 others Vs. State of M.P., dated 21.12.2021
High Court of Madhya Pradesh Bench at Gwalior in the case of Kok Singh Vs.
State of M.P. dated 20.12.2016 and High Court of Madhya Pradesh in Criminal
Appeal No.2618 of 1998 (Vinod Kumar Vs. The State of Madhya Pradesh),
has vehemently submitted that it is not proved from the evidence on record that
deceased was harassed in connection with dowry, soon before her death. It is
also submitted that Merg intimation has been lodged by appellant himself.
Learned trial Court has acquitted co-accused but has convicted appellant on the
basis of same evidence. The appellant has been in jail from 12.05.2014 to
30.06.2014 during trial and he is also in custody since 21.12.2021. Final hearing
of this appeal is not possible in near future. Thus, it is prayed that remaining jail
sentence of the appellant may be suspended and he be released on bail.
The prayer is opposed by learned Panel Lawyer for the State.
Taking into consideration the evidence of PW-1, PW-2, PW-3 and
appellant's examination under Section 313 of the Cr.P.C., I deem it not proper
to suspend the remaining jail sentence of the appellant.
Accordingly, I.A.No.10748 of 2023 is hereby dismissed.
List the matter for final hearing in due course.
(ACHAL KUMAR PALIWAL)
JUDGE
Signature Not Verified
Signed by: VAISHALI
AGRAWAL
Signing time: 8/24/2023
10:49:23 AM
vai
Signature Not Verified
Signed by: VAISHALI
AGRAWAL
Signing time: 8/24/2023
10:49:23 AM
