Sonu Lodha vs The State Of Madhya Pradesh
2023 Latest Caselaw 2852 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     CRA No. 1853 of 2018
                                        (SONU LODHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-02-2023
                                Shri Rajmani Bansal- Advocate for the appellants.

                                Dr. Anjali Gyanani- Public Prosecutor for the respondent-State.

Heard on I.A. No. 3310 of 2023, which is third repeat application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant No.2-Satarulal Lodha.

Appellant No.2 stood convicted under Sections 304-B and 498-A of IPC and sentenced to undergo life imprisonment with a fine of Rs.5,000/- and three years' rigorous imprisonment with a fine of Rs. 2,000/- with default stipulations vide judgment of conviction and order of sentence dated 21/02/2018 passed by II Additional Sessions Judge, Guna District Guna (M.P.) in Sessions Trial No.39/2017.

A s per prosecution story, deceased Dhappo Bai was married to complainant Sonu, present appellant is the elder brother of the complainant Sonu, who lodged a complaint on 08/12/2016 that on the fateful day he had left

t h e house for work at 9.30 am. When he came back, his mother co- accused/co-appellant-Guddi Bai informed him that deceased Dhappo Bai has died hanging noose. Accordingly, complaint was lodged. On such information, marg intimation was registered at No. 110/2016 under Section 174 of the Cr.P.C. Thereafter, upon collection of oral and documentary evidence and other material placed on record, challan was filed. The case was committed to the Sessions Court. The Sessions Court on consideration of evidence placed on record convicted the present appellant along with other co-accused Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 2/16/2023 6:36:07 PM

persons and sentenced as aforesaid.

Learned counsel for appellant No.2 submits that appellant No.2 so far has undergone 5 years and 6 months' of incarceration. There is no direct evidence much less circumstantial evidence which could lead to the conclusion drawn by the Sessions Court in the matter of conviction. The judgment as such suffers from perversity of approach and is based on surmises and conjectures. The evidence on record suffers from inherent contradictions and omissions. It is further submitted that appellant No.3-Guddi Bai, mother-in-law of the deceased, has since been extended the benefit of suspension of sentence vide order dated 23.01.2023 (I.A.14098/2022). Even otherwise, appeal is of year

2018. There is no likelihood of early hearing of appeal and hence, prays for suspension of sentence and grant of bail to appellant No.2-Satarulal Lodha.

Per contra, State counsel opposes the application supporting the order impugned. It is submitted that besides the fact regarding unreasonable dowry demands, there has been constant embarrassment and harassment of the deceased, as has come in the ocular evidence of (P.W.1) and (P.W.3). There is direct proximity of present appellant having caused mental and physical torture to the deceased which led to unnatural death of the deceased by hanging noose, therefore, no exception can be taken in the matter of suspension and sentence.

Upon hearing counsel for the parties, though this Court refrains from commenting upon rival contentions touching merits of the case but regard being had to the fact that present appellant has already undergone jail sentence for five years and six months, besides appellant No.3-Guddi Bai, mother-in-law of the deceased, has since been extended the benefit of suspension of sentence vide order dated 23.01.2023 (I.A.14098/2022) and there is no likelihood of early

Signature Not Verified hearing of the appeal, in the obtaining facts and circumstances, this Court is Signed by: PAWAN DHARKAR Signing time: 2/16/2023 6:36:07 PM

inclined to grant benefit of suspension of sentence and grant of bail to appellant No.2-Satarulal Lodha.

Accordingly, I.A. No. 3310 of 2023 stands allowed and it is directed that the jail sentence of appellant No.2-Satarulal Lodha shall remain suspended during pendency of the present appeal and he be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one solvent surety in the like amount to the satisfaction of the trial Court. Appellant No.2-Satarulal Lodha is directed to appear before the Registry of this Court first on 28.04.2023 and on other subsequent dates as may be fixed in this behalf with following further conditions:-

(i) the concerned jail authorities are directed that before releasing the present appellant, his medical examination be conducted through the jail doctor and if it is prima facie found that he is having any symptom of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, present appellant shall be released on bail in terms of the conditions imposed in this order;

(ii) violation of conditions, State is free to apply for cancellation of bail.

Accordingly, the I.A. stands allowed and disposed of.

Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the appeal.

Certified copy as per rules.

                               (ROHIT ARYA)                                (SATYENDRA KUMAR SINGH)
                                  JUDGE                                             JUDGE

                          pd



Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 2/16/2023
6:36:07 PM