Pawan @ Prashant Chauhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 7740 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                             CRA No. 2948 of 2022
       (PAWAN @ PRASHANT CHAUHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 11-05-2023
      Shri Vaibhav Pratap Chand- Advocate for the appellants.

      Smt. Padamshri Agrawal- Panel Lawyer for the respondent- State.

Shri Prem Singh Bhadouria- Advocate for the complainant. Heard on I.A.No.7346/2023, 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- Pawan @ Prashant Chauhan and I.A.No.2815/2023, 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- Shambhu Singh Chauhan.

This criminal appeal has been filed against the judgment dated 26-02-2022 passed in S.T.No.186/2015 by Sixth Additional Session Judge, Gwalior, whereby the present appellants have been convicted under Sections 304-B, 306 of IPC and sentenced to undergo 10 years RI, Seven Years RI with fine of Rs.2,000/- and further, they have been convicted under Section 4 of Dowry Prohibition Act and sentenced to undergo two years rigorous imprisonment with fine of Rs.1,000/- with default stipulation.

I n brief, prosecution case is that marriage of deceased- Vishakha was solemnized with Pawan alias Prashan Chauhan on 7th May, 2014. On 03-11- 2014, she committed suicide in her maternal house. Her suicide note was recovered in which she alleged that she was harassed by her inlaws due to which she was forced to commit suicide. Merg was enquired and offence under Sections 304-B, 306, 498-A of IPC & Section 4 of Dowry Prohibition Act was registered. Charges were framed. After conclusion of trial, appellant No.1, who

is the husband of the deceased and appellant No.2, who is the father-in-law of deceased have been convicted and sentenced for the offence as mentioned above.

Learned counsel for the present appellants submits that two and half months before committing suicide the deceased was residing in her maternal house. Omnibus allegations have been levelled against the appellants as well as against other in-laws. Despite, the prosecution has not proved cruelty soon before the death of deceased. The learned trial Court has committed an error in convicting and sentencing the present appellants. Co-appellant- Anuradha Chauhan has already been granted the benefit of suspension of sentence and

grant of bail by this Court vide order dated 04/01/2023. The appellants are in custody since the date of judgment i.e. 26-02-2022. Final outcome of appeal will take some time. Under these circumstances, the execution of sentence be suspended and the appellants be released on bail.

On the contrary, learned counsel for the State as well as the counsel for the complainant opposed the application and prayed for its rejection. It is submitted that within six months of her marriage, the deceased was forced to commit suicide. Hence, the present appellants are not entitled for suspension of jail sentence.

Keeping in view 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.7346/2023 and I.A.No.2815/2023 are allowed. It is therefore, directed that if appellants deposit the entire fine amount, if not already deposited, and furnish personal bond in the sum o f Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety of the like amount to the satisfaction of concerned Trial Court for their appearance before the

Principal Registrar of this Court on 25 th September, 2023 and on such further dates as may be fixed by the Office in this regard, sentence of imprisonment awarded to them shall remain suspended till further orders and they shall be released on bail.

A copy of this order be sent to the trial Court concerned for necessary information.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE RAHUL SINGHrahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4de e473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D1

PARIHAR 59B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.05.12 19:09:07 +05'30'