Monu Chandel vs The State Of Madhya Pradesh
2025 Latest Caselaw 4003 MP

Madhya Pradesh High Court

Monu Chandel vs The State Of Madhya Pradesh on 4 February, 2025

                                                            1                                CRA-5006-2023
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     CRA No. 5006 of 2023
                                      (MONU CHANDEL AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                          Dated : 04-02-2025
                                Shri Ashish Singh Jadoun - Advocate for the appellants.
                                Shri Dinesh Savita - Public Prosecutor for the respondent/State.

Heard on Admission.

2. Admit.

3. Also heard on I.A. No. 7350 of 2024, which is second application

under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed by appellant No.1- Monu Chandel.

4. This Criminal Appeal assails the judgment dated 21.03.2023 passed by Fourth Additional Sessions Judge, Guna, District Guna in ST No.159/2018, whereby appellant No.1 has been convicted under Sections 306, 498-A of IPC and Section 3 of Dowry Prohibition Act and sentenced to undergo RI of 5 years, RI of 1 year and RI of 3 years with fine of Rs.2000/-, Rs.1000/- and Rs.3000/- with default stipulations.

5. Learned counsel for the appellant submits that the trial Court has

wrongly convicted the appellant without proper appreciation of facts of the case as well as evidence available on record. First bail application of the appellant was dismissed as withdrawn vide order dated 31.01.2024. The appellant No.1 is in custody. It is further submitted that as per the report of Sub Jail, Guna, appellant No.1 has suffered 02 years and 26 days actual incarceration and total 02 years 07 months and 07 days incarceration

2 CRA-5006-2023 including the remission, therefore, he has suffered half of the sentence as imposed on appellant No.1. It is further submitted that the relatives of the deceased have turned hostile and did not support the story of prosecution but there was suicide note and fingerprints expert has deposed that it was written by the deceased herself. Learned trial Court did not find the offence under Section 304-B of IPC and he has been convicted Section 306 of IPC. It is further submitted that presumption under Section 113A of Evidence Act did not make out and therefore, the trial Court has acquitted the appellant No.1 from the charges of the offence under Section 304-B of IPC and he has been convicted for the punishment upto 05 years. On the merits, he has a good case. The appeal being of 2023 is not likely to be decided in the near future. On these grounds, learned counsel submits that the appellant No.1 may be

extended the benefit of suspension of sentence and grant of bail.

6. Counsel for the State vehemently opposed the application and prayed for its rejection.

7. Heard learned counsel for the parties and perused the materials available on record.

8. Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 7350 of 2024 is hereby allowed subject to depositing of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant No.1 shall remain suspended and he be released on bail. Appellant No.1 Monu

3 CRA-5006-2023 Chandel is further directed to mark his appearance before the Registry of this Court on 10/03/2025 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

Certified copy as per rules.

(RAJENDRA KUMAR VANI) JUDGE

Monika