Sanju vs The State Of Madhya Pradesh
2023 Latest Caselaw 10110 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 3401 of 2023 (SANJU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 04-07-2023 Shri Rajendra Singh Yadav, learned counsel for the appellant.

Shri Neeraj Kumar Dhamania, learned Panel Lawyer for the State. Heard on I.A.No.11618 of 2023, which is the first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.1 - Sanju s/o Anrath Adiwasi.

Vide judgment dated 20.02.2023 passed by Additional Sessions Judge

Pichore District Shivpuri in Sessions Trial No. 56 of 2018, present appellant has been convicted under Sections 304 B of IPC and sentenced to undergo seven years' R.I., offence punishable under Section 498 A of IPC and sentenced to undergo three years' R.I. with fine of Rs.2000/- and offence punishable under Section 3/4 of Dowry Prohibition Act and sentenced to undergo one year R.I. with fine of Rs.2000/- with default stipulation.

I n brief case of the prosecution is that marriage of deceased was solemnized with Sanju i.e. present appellant on 01.06.2017. On 18.09.2018 deceased committed suicide by jumping into the well. Merg was registered.

Merg was inquired in which it was found that husband and in-laws of deceased subjected her to cruelty on account of dowry demand, due to which, deceased committed suicide. After completion of trial, learned court below convicted the appellant for the above mentioned offence.

It is submitted by counsel for the appellant is husband of the deceased. The appellant was on bail during trial and he did not misuse the liberty granted to him . Fine amount has already been deposited by him. It is also submitted Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/5/2023 10:19:39 AM

that the appellant has suffered 84 days of incarceration during trial and from the date of judgment till today he is in jail. Omnibus allegations has been levelled against present appellant. There is no evidence on record that soon before her death, deceased was subjected to cruelty regarding demand of dowry. Appeal is of the year 2023 which may take long time for it's conclusion. Co-accused Anrath has already been granted benefit of suspension of sentence vide order dated 23.06.2023 passed in CRA No.3401/2023 by this Court. To maintain parity with the co-accused, he prayed that execution of sentence be suspended and the appellant be released on bail.

O n the contrary, learned counsel for the State opposed the application

and prayed for its rejection by submitting that deceased had committed suicide within short period of marriage span.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.11618/2023 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 his appearance before the Principal Registrar of this Court on 6th November, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

Application (I.A. No.11618/2023) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/5/2023 10:19:39 AM

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/5/2023 10:19:39 AM