Sunil Tyagi vs The State Of Madhya Pradesh
2023 Latest Caselaw 7758 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                              CRA No. 4516 of 2019
                    (SUNIL TYAGI Vs THE STATE OF MADHYA PRADESH)

Dated : 11-05-2023
      Shri A.R. Shivhare - Advocate for the appellant.

      Shri S.S. Kushwah - Public Prosecutor for the respondent/State.

Shri Saurabh Singh Tomar - Advocate for the complainant.

Heard on I.A.No.7082 of 2023, fourth application filed under Section 389 (1) of Cr.P.C for suspension of sentence and grant of bail on behalf of

appellant No.1- Sunil Tyagi.

The appellant has been convicted under Sections 304-B and 498-A of I P C and sentenced to suffer ten years' RI and three years' RI with fine of Rs.05,000/- with default stipulations respectively and under Section 4 of Dowry Prohibition Act and sentenced to suffer one year's RI with fine of Rs.3,000/- vide judgment of conviction and order of sentence dated 16.04.2019 passed in Sessions Trial No.153/2017 by Seventh Additional Sessions Judge, Gwalior.

Earlier application has been dismissed on merits on 18.02.2020, thereafter, another application was filed and same stood dismissed as

withdrawn on 22.11.2022. Hardly, five months has passed by again fresh application has been filed.

Learned counsel for the appellant submits that the appellant so far has undergone six years' jail incarceration approx and some more period will be counted, therefore, this Court may consider the application for suspension of sentence.

On perusal of the impugned judgment and the record, we are of the view that this application deserves to be dismissed for more than one reasons;1.

Since 22.11.2022 till now, only five months has been passed. There is no change circumstance; 2. Earlier the application has been dismissed on merits on 18.02.2020. It is a case of dowry death. The marriage between the appellant and the deceased was solemnized on 29.04.2013. As per prosecution story, there has been constant demand of dowry by the appellant. Non fulfillment of the demand has led to constant harassment of the deceased by the appellant and other family members. It was only on 17.08.2016 the deceased had returned back from her home to in-laws house and on 24.08.2016 she died by hanging herself. The Sessions Court has dealt with the evidence critically and convicted the appellant as aforesaid and sentenced accordingly. The co-ordinate Bench

has considered the case and did not find any merit for suspension of sentence. Merely for the reason that only six years' period has passed by, we see no reason to take a different view after withdrawal of the third application on 22.11.2022.

Consequently, I.A.7082/2023 is dismissed on merits. Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the appeal.

   (ROHIT ARYA)                                   (MILIND RAMESH PHADKE)
      JUDGE                                                JUDGE

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   NEETU
   SHASHANK
   2023.05.12
   12:22:53
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