Smt. Mithlesh Sikarwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 8496 MP

                                                                   1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                           CRA No. 286 of 2023
                                       (SMT. MITHLESH SIKARWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                            Dated : 13-06-2023
                                     Shri Prem Singh Bhadouria, learned counsel for the appellant.

                                     Shri Sushant Tiwari, learned Public Prosecutor for the respondent/

State.

Heard on IA.No.246/2023, first application u/Sec. 389 of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.1 - Smt. Mithlesh Sikarwar.

Vid e judgment dated 29.12.2022 passed in ST No.581/2017 by 6th Additional Sessions Judge, Gwalior, appellant has been convicted under Section 304 (kha) of IPC and sentenced to undergo 10 years' RI with fine of Rs. 1000/- and Section 4 of Dowry Prohibition Act and sentenced to undergo 2 years' RI, with default stipulation.

In brief case of the prosecution is that marriage of the deceased was solemnized with Surajpratap Singh on 19.12.2016. On 24.07.2017, Jeth of the deceased informed that she had committed suicide. Merg was registered. Dead

body panchnama was prepared and dead body was sent for post-mortem, as per post-mortem report, deceased died due to hanging. Merg was inquired, during merg inquiry it was found that appellant and other family members used to harass the deceased for petty matters in terms of dowry due to which she committed suicide.

Learned counsel for the appellant made submission that in chargesheet itself Investigating Officer has mentioned that regarding demand of two lakh rupees, there is no corroborated evidence. Only evidence came for petty Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/14/2023 10:12:19 AM

matters for which she was subjected to harassment. It is further submitted that appellant has suffered total period of incarceration about 20 months. Appeal is of the year 2023, final hearing of the appeal will take time and she has a good case on merits. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.246/2023 is allowed and it is directed that jail sentence of appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellants' furnishing

bail bond 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 18th December, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/14/2023 10:12:19 AM