Rajkumar Pradhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 7776 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                         CRA No. 4657 of 2023
                                         (RAJKUMAR PRADHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-05-2023
                                 Shri Arubendra Singh Parihar - Advocate for the appellants.

                                 Shri Ravindra Shukla - Panel Lawyer for the respondent/State.

Heard on the question of admission.

Admit.

Also heard on I.A.No.9363/2023, which is the first application for

suspension of custodial sentence passed against appellants no.3 and 4 namely Suraj Pradhan and Satish Pradhan and release them on bail.

This appeal has been preferred against the judgment dated 24/3/2023 passed by VIIth Additional Sessions Judge, Rewa, District Rewa in S.T. No.500376/2015 whereby learned Additional Sessions Judge found the appellants guilty for the offence punishable under Section 498-A of the IPC and sentenced them to undergo R.I. for three years and fine of Rs.50/- and Section 304-B of the IPC and sentenced them to undergo RI for ten years with fine of Rs.100/- and Section 4 of the Dowry Prohibition Act and sentenced them to

undergo S.I. for two years with fine of Rs.100/- respectively with default stipulation.

Learned counsel for the appellants submitted that the trial Court without appreciating the evidence wrongly convicted the appellants for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. The appellants no.3 and 4 are the brothers-in-law of the deceased and the appellant no.3 is the government servant. The appellants no.3 & 4 were on bail during trial and they never misused the liberty Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 5/11/2023 5:11:34 PM

grated to them by the trial Court. They are in custody since the date of judgment i.e.24/3/2023. Hence, prayed for suspension of the jail sentence and release of the appellants no.3 and 4 on bail since the hearing of this appeal is likely to take long time.

Learned counsel for the State opposed the prayer and submitted that from the prosecution evidence guilt of the appellants is clearly proved, so the learned trial Court did not commit any mistake in finding the appellants guilty for the aforesaid offences, so the sentence of the appellants no.3 and 4 should not be suspended.

Looking to the facts and circumstances of the case, contention of learned

counsel of the appellants and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the jail sentence passed against appellants no.3 and 4 shall remain suspended during the pendency of this appeal and they be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one surety each in like amount to the satisfaction of the trial Court for their appearance before the Trial Court on 06/10/2023 and on such further dates as may be fixed in this behalf by it during the pendency of this appeal.

List the case for final hearing in due course. C.C. on payment of usual charges.

(ROOPESH CHANDRA VARSHNEY) JUDGE

m/-

Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 5/11/2023 5:11:34 PM