Khilan vs The State Of Madhya Pradesh
2024 Latest Caselaw 27763 MP

Madhya Pradesh High Court

Khilan vs The State Of Madhya Pradesh on 3 October, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                            1                                  CRA-1914-2021
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                    CRA No. 1914 of 2021
                                         (KHILAN AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                          Dated : 03-10-2024
                                Shri Neeraj Pathak - Advocate for the appellant.
                                Shri G.S. Thakur- Public Prosecutor for the respondent/State.

Heard on I.A. No. 29177/23/2023, an application for suspension of sentence and grant of bail filed on behalf of appellant-Khilan s/o- Late Bahadur Singh Lodhi.

This appeal is filed being aggrieved of the judgment dated 19/02/2021 passed by the learned 2nd Additional Sessions Judge, Hata District- Damoh in S.T. No. 133/2015 whereby appellant is convicted for the offence punishable under Section 304-B of I.P.C and sentenced to undergo imprisonment for life along with fine of Rs.2,000/- with default stipulations.

Learned counsel for the appellant submits that there are no external injury on the body of the deceased against the allegations made by the parents of the deceased as is apparent from the post-mortem report Ex.P/8 proved by Dr. Vivek Yadav (PW-9). It is also submitted that as per Ex.P/12,

it is the suicide note of the deceased, there was no demand of dowry and prosecution has relied on this document. Reading from this document, it appears that as if the deceased was not happy with her marriage with the present appellant-Khilan and accordingly, it is submitted that if she committed suicide because of being unhappy on account of her marriage being performed by her parents with Khilan other than in place of her own choice, then ingredients of Section 304-B of IPC is will not be made out.

2 CRA-1914-2021

Therefore, a payer is made to suspend the remaining part of jail sentence of the appellant and to release him on bail.

Shri G.S. Thakur, learned Public Prosecutor opposes the prayer for suspension of sentence and grant of bail.

After hearing learned counsel for the parties and taking all these above facts into consideration, without commenting on the merits of the case, this Court is of the view that present is a fit case for suspension of sentence and grant of bail to the appellant.

Accordingly, I.A. No.29177/2023 is allowed.

It is directed that on depositing of fine amount, if not already deposited and on furnishing a personal bond to the tune of Rs.50,000/-

(Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court concerned on 20.12.2024 and such other dates as may be fixed by the Trial Court, the execution of remaining part of the jail sentence imposed upon appellant shall remain suspended and he be released on bail till final disposal of this appeal.

List this case for final hearing in due course.

Certified copy as per rules.

                                (VIVEK AGARWAL)                              (DEVNARAYAN MISHRA)
                                     JUDGE                                          JUDGE


                          PG








                           3   CRA-1914-2021