Ramesh Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 13996 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 7068 of 2022
                                           (RAMESH KUSHWAHA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 25-08-2023
                                Shri Yogesh Mohan Tiwari - Advocate for the appellant.

                                Shri Dinesh Prasad Patel - Deputy Government Advocate for the
                          respondent/State.

Heard on I.A.No.15972 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 28.07.2022 delivered in S.T. No.64/2021 by Sessions Judge Umariya District-Umariya.

T he appellant has been convicted under Section 3 of Dowry Act and sentenced to undergo R.I. for 5 years with fine of Rs.25000/-, under Section 4 of Dowry Act and sentenced to undergo R.I. for 2 years with fine of Rs.500/- and under Section 498-A of the IPC and sentenced to undergo R.I. for 2 years with fine of Rs.500/- with default stipulations.

His first application was dismissed as withdrawn vide order dated 27.09.2022 (I.A.No.15316/2022) and second application was dismissed on

merits vide order dated 31.03.2023 (I.A.No.1895/2023).

Learned counsel for the appellant submits that from deposition of (PW-

2) and (PW-3) demand of dowry is not proved. Brothers of deceased (PW-4) and (PW-5) have turned hostile and have not supported the prosecution story. In medical examination, no external or internal injuries have been found on the person of deceased. The appellant is in jail for more than 2 years and 5 months. Final hearing of this appeal is not possible in near future. Therefore, it is prayed that remaining jail sentence of the appellant may be suspended and he Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 8/26/2023 12:13:16 PM

be released on bail.

The prayer is opposed by learned Deputy Government Advocate for the State.

Taking into consideration the testimonies of PW-2, PW-3, PW-4 and PW-5 including custody period, coupled with the fact that final hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A.No.15972 of 2023 is allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant is hereby suspended and it is directed

that appellant Ramesh Kushwaha 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 Umariya District-Umariya on 06.11.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the matter for final hearing in due course. Certified copy as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

vai

Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 8/26/2023 12:13:16 PM