Lalli Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 13991 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                       CRA No. 3352 of 2022
                                       (LALLI CHOUDHARY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 25-08-2023
                                  Shri Shashank Upadhyay - Advocate for appellants.

                                  Shri A.S. Baghel - Government Advocate for respondent/State.

Heard on I.A. No. 2707/2023, which is second application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant No.2/Santosh Kumar Chaudhary arising out of judgment dated

28/03/2022 delivered in Sessions Trial No. 2700059/2016 by learned 10 th Additional Sessions Judge, Katni, District Katni (M.P.). Earlier bail application vide I.A. No.16525/2023 was dismissed as withdrawn on 31.10.2022.

By the impugned judgment, appellant No.2 has been convicted under Section 498-A of IPC and sentenced to R.I. for 3 years with fine of Rs.1000/-, Section 304-B of IPC and sentenced to R.I. for life and Section 4 of Dowry Prohibition Act sentenced to R.I. for 2 years with fine of Rs. 1000/- with default stipulations.

As per the counsel for appellant, the appellant is innocent. Investigation

conducted is not proper. Earlier, there was no complaint of dowry demand. There is no document of proof of marriage. At the time of death of deceased period of 08 years had already elapsed between the marriage and date of unfortunate incident. But the learned trial Court did not appreciate this fact. There are two minor children and there is no one to take care of them. A separate application has been filed in support of factum of minor children maintenance made to C.E.O. Janpad Panchayat, Vijayraghavgarh. A copy of document in this regard is enclosed along with affidavit has been brought on Signature Not Verified Signed by: SHUBHAM THAKKER Signing time: 29-08-2023 12:48:27

record by way of I.A. No.7326/2023.

As per the counsel for State, the conviction and sentence imposed on appellant No.2 is proper therefore, no ground has been made out to suspend his jail sentence.

We have gone through the judgment dated 28.03.2022 and perused the record of the trial Court. In cross-examination father (PW-1) of the deceased, he has stated that at the time of marriage, there was no demand of dowry. Although, in paragraph 1 of the examination-in-chief of Rigga Prasad (PW-1) he has submitted that at the time of marriage, there was demand of motorcycle. Similarly, he has agreed in paragraph 7 of statement that on 25.08.2015,

appellant-Santosh had brought a motorcycle. According to the prosecution case, the deceased died due to burn injury as deposed by Dr.Bharti Sinha (PW-

5). Dharmendra Singh (PW-4) in paragraph 2 of examination-in-chief has submitted that at the time of incident, accused/appellant along with his mother had gone to the house of his aunt. In fact, room was locked from inside. Be that as it may, there is evidence to the effect that out of marriage of deceased and

they have two sons aged about 3 years and 11/2 year respectively. During trial, the accused/appellant No.2 was in custody from 01.10.2015 to 17.02.2016 and also is in custody after the date of judgment i.e. 28.03.2022.

Therefore, without commenting anything finally on the merits of the case and looking to the fact that co-accused (Lalli Choudhary and Baisakhiya Bai) have been released on bail by this Court vide order dated 29.07.2022. Suspension of sentence can also be granted to the accused/appellant because in substance, allegations against appellant No.2 are of same nature, final disposal of appeal will take considerable time. Hence, I.A. No.2707/2023 is allowed

Signature Not Verified Signed by: SHUBHAM THAKKER Signing time: 29-08-2023 12:48:27

subject to depositing the fine amount, if not already deposited, the remaining jail sentence of appellant No.2/Santosh Kumar Chaudhary is suspended and it is directed that the he be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court, Katni District - Katni on 30.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

Accordingly, aforesaid I.A. No. 2707/2023 is allowed. C.C. as per rules.

                             (SUJOY PAUL)                                (AVANINDRA KUMAR SINGH)
                                JUDGE                                             JUDGE

                           Shub




Signature Not Verified
Signed by: SHUBHAM
THAKKER
Signing time: 29-08-2023
12:48:27