Dhiru @ Sharda Saket vs The State Of Madhya Pradesh
2023 Latest Caselaw 7327 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 7498 of 2021
                                     (DHIRU @ SHARDA SAKET AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 04-05-2023
                                   Shri Amit Choudhary - Advocate for the appellant No.1 Dhiru @

                          Sharda Saket.
                                   Shri A.N. Gupta - Government Advocate for the respondent/State.

Heard on I.A No.8958 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.1

Dhiru @ Sharda Saket arising out of judgment dated 30.10.2021 delivered in S.T. No.211 / 2018, by Additional Sessions Judge, Rampur Baghelan, Distt. Satna.

T he appellant has been convicted under Section 304B of I.P.C. and sentenced to undergo rigorous imprisonment for 10 years with fine of Rs.3,000/-, under Section 498A of I.P.C. and sentenced to undergo rigorous imprisonment for 2 years with fine of Rs.1,000/- and under Section 4 of Dowry Prohibition Act and sentenced to undergo rigorous imprisonment for one year with fine of Rs.1,000/- with default stipulations.

Learned counsel for the appellant No.1 by taking this Court to the prosecution story submits that the wife of appellant No.1 namely Meena Kumari Saket died within 7 years from the date of her marriage. The marriage had taken place in recent past and Meena Kumari Saket died because of severe burn injuries. It is submitted that deceased was hospitalized for few days but no attempts were made to record her case diary statement or her dying declaration. This fact is admitted by V.D. Pandey (PW-13). The second contention is that this appellant is in custody from 18.04.2018 and has completed 5 years actual Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 5/8/2023 10:23:17 AM

sentence. The final hearing of this appeal is not possible in near future. Thus, the remaining jail sentence of this appellant may be suspended.

Learned counsel for the State opposed the prayer. Considering the gravity of allegation, at this stage, this Court is not inclined to suspend the remaining jail sentence of this appellant. The appellant may renew the prayer after 1 year from today.

IA No.8958 of 2023 is dismissed with aforesaid liberty. Certified copy as per rules.

(SUJOY PAUL) JUDGE

sarathe

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 5/8/2023 10:23:17 AM