Anand vs The State Of Madhya Pradesh
2023 Latest Caselaw 9637 MP

                                                               1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                          CRA No. 5818 of 2023
                                             (ANAND AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-06-2023
                                  Shri Sanjay Kumar Sharma, learned counsel for the appellant.

                                  Shri   Gourav      Rawat,    learned    Government     Advocate   for   the
                           respondent/State.

(1) Heard on I.A. No. 6606/2023, which is first application filed under Section 389 of the Criminal Procedure Code, 1973 for suspension of jail

sentence and grant of bail on behalf of appellant No. 2-Kantabai. The appellant is in jail since 03.12.2021.

(2) The appellant has been convicted under Sections 304-B of I.P.C. and sentenced to undergo seven years of R.I..

(3) The allegation against the present appellant is that she was only taunting the deceased due to which she committed suicide.

(4) Learned counsel for the appellant submits that the appellant is a mother-in-law of the deceased and has not committed any offence. In Para 3 of the Judgment of lower Court, it is clearly mentioned that the only allegation

against the present appellant is that she was taunting to the deceased. No allegation regarding demand of dowry has been alleged against the present appellant. The trial Court has erred in appreciating the evidence available on record. He further submits that the appellant is in custody since 03.12.2021. This is an appeal of 2023 and final hearing of the same is not possible in near future. Hence, remaining jail sentence of the appellant may be suspended.

(5) Learned government advocate for the respondent/State opposes the

Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 25-06-2023 20:59:59

prayer and prays for its rejection.

(6) Considering all the facts and circumstances of the case and looking to the fact, I find it to be a fit case to suspend the custodial sentence of the present appellant.

(7) Accordingly, I.A.No.6606/2023 is allowed and it is directed that the execution of jail sentence awarded to the appellant No. 2 Kantabai shall remain suspended till final disposal of the appeal, subject to the depositing the fine amount, if any, and upon furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before trial Court on

09.10.2023 and on such other dates as may be fixed by the concerned Court in this regard.

(8) I.A. No.6608/2023 stands disposed of. (9) This appeal is admitted for final hearing. Certified copy as per rules.

(PREM NARAYAN SINGH) JUDGE

Vindesh

Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 25-06-2023 20:59:59