Madhya Pradesh High Court
Sanju vs The State Of Madhya Pradesh on 23 June, 2023
Author: Deepak Kumar Agarwal
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 3401 of 2023
(SANJU AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 23-06-2023
Shri Rajendra Singh Yadav, learned counsel for the appellant.
Shri Rohit Shrivastava, learned Panel Lawyer for the State.
Heard on I.A.No.10564 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.2- Anrath s/o Daula Aadiwashi.
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 -son of 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.
I t is submitted by counsel for the appellant is father-in-law 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
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 6/24/2023
11:35:47 AM
als o submitted that the appellant has suffered about 6 and half months of
incarceration as against seven years of sentence awarded. 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 Smt. Guddi alias Jamuna has already been granted benefit of
suspension of sentence vide order dated 13.06.2023 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.10564/2023 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.10564/2023) is allowed and disposed of.
A copy of this order be sent to the trial Court concerned for necessary
Signature Not Verified
compliance.
Signed by: VIJAY TRIPATHI
Signing time: 6/24/2023
11:35:47 AM
C.c. as per rules.
(DEEPAK KUMAR AGARWAL)
JUDGE
Vijay
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 6/24/2023
11:35:47 AM
