Madankumar vs The State Of Madhya Pradesh
2023 Latest Caselaw 13997 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 12531 of 2022
                                        (MADANKUMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

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

                                Ms. Kamlesh Tamrakar-Panel Lawyer for the respondent/State.

Record of the trial Court has been received. Heard on admission.

This appeal is admitted for hearing.

Also Heard on I.A. No. 25102/2022 for suspension of jail sentence and grant of bail to the appellant No.2-Tulsidas arising out of judgment dated 12.12.2022 delivered in S.T. No.100098/2016 by Learned Second Additional Sessions Judge, Betul, District Betul.

T he appellant has been convicted under Section 498-A of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.1,000/- and Section 304- B of IPC and sentenced to undergo R.I. for 7 years with fine of Rs. 1000/-, with default stipulations.

Learned counsel for the appellant submits that prosecution witnesses

PW-1, PW-2, PW-3, PW-4, PW-5, PW-6, PW-7, PW-8 and PW-13 have not supported the prosecution story. The appellant has already a tractor, therefore, there is no question of demand of dowry with respect to purchase of tractor. No report has been lodged during the life of deceased with respect to demand of dowry. There is no evidence to connect the appellant with the offence. Appellant is the father-in-law of the deceased. The final hearing of this appeal will take time, therefore, the remaining jail sentence of the appellant may be suspended.

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/26/2023 1:50:53 PM

The prayer is opposed by learned counsel for the State. Having heard learned counsel for the parties, taking into consideration over all evidence on record, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, aforesaid I.A. is allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant No.2-Tulsidas is hereby suspended and it is directed that 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 concerning trial court, Betul District Betul 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.

List for final hearing in due course.

C.c. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/26/2023 1:50:53 PM