Madhya Pradesh High Court
Pawan @ Prashant Chauhan vs The State Of Madhya Pradesh on 4 January, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 2948 of 2022
(PAWAN @ PRASHANT CHAUHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 04-01-2023
Shri Vaibhav Pratap Chand- Advocate for the appellants.
Shri Kuldeep Singh- Public Prosecutor for the respondent- State.
Shri Prem Singh Bhadouria- Advocate for the complainant.
Heard on I.A.No.10394 of 2022 first application u/Sec. 389(1) of
Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant
No.3 Smt. Anuradha Chauhan.
This criminal appeal has been filed against the judgment dated 26-02-2022
passed in S.T.No.186 of 2015 by Sixth Additional Sessions Judge, Gwalior
whereby the present appellant has been convicted under Sections 304-B, 306 of
IPC and sentenced to undergo 10 years RI, Seven Years RI with fine of
Rs.2,000/- and further, she has been convicted under Section 4 of Dowry
Prohibition Act and sentenced to undergo two years rigorous imprisonment
with fine of Rs.1,000/- with default stipulation.
I n brief, prosecution case is that marriage of deceased Vishakha was
solemnized with Pawan alias Prashan Chauhan on 7th May, 2014. On 03-11-
2014, she committed suicide in her maternal house. Her suicide note was
recovered in which she alleged that she was harassed by her inlaws due to
which she was forced to commit suicide. Merg was enquired and offence under
Sections 304-B, 306, 498-A of IPC & Section 4 of Dowry Prohibition Act was
registered. Charges were framed. After conclusion of trial, present appellant
who is the mother-in-law of deceased has been convicted and sentenced for the
offence as mentioned above.
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 1/5/2023
10:35:30 AM
Learned counsel for the present appellant submits that two and half
months before committing suicide the deceased was residing in her maternal
house. Ominibus allegations have been levelled against the appellant as well as
against other in-laws. Despite, the prosecution has not proved cruelty soon
before the death of deceased. The learned trial Court has committed an error in
convicting and sentencing the present appellant. The appellant is in custody
since the date of judgment i.e. 26-02-2022. Final outcome of appeal will take
some time.The appellant is about 60 years old lady. Under these
circumstances, the execution of sentence be suspended and the appellant be
released on bail.
On the contrary, learned counsel for the State as well as the counsel for
the complainant opposed the application and prayed for its rejection. It is
submitted that within six months of her marriage, the deceased was forced to
commit suicide. Hence, the present appellant is not entitled for suspension of
her jail sentence.
Keeping in view the aforesaid submissions of learned counsel for the
parties and the fact that an early hearing of this case is not possible, I.A. is
allowed. It is therefore, directed that if appellant deposits the entire fine amount,
if not already deposited, and furnishes a personal bond in the sum of
Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety
of the like amount to the satisfaction of concerned Trial Court for her
appearance before the Principal Registrar of this Court on 24 th April, 2023
and on such further dates as may be fixed by the Office in this regard, sentence
of imprisonment awarded to her shall remain suspended till further orders and
she shall be released on bail.
Signature Not Verified
IA No. 10394 of 2022 is allowed and disposed of.
Signed by: MAHENDRA
BARIK
Signing time: 1/5/2023
10:35:30 AM
A copy of this order be sent to the trial Court concerned for necessary
information.
Certified copy as per rules.
(DEEPAK KUMAR AGARWAL)
JUDGE
MKB
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 1/5/2023
10:35:30 AM
