Madhya Pradesh High Court
Sonu @ Rahul Thakur vs The State Of Madhya Pradesh on 11 March, 2025
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 CRA-3897-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3897 of 2023
(SONU @ RAHUL THAKUR Vs THE STATE OF MADHYA PRADESH )
Dated : 11-03-2025
Shri Sankalp Kochar - Advocate for appellant.
Shri Ajay Shukla - Government Advocate for respondent/State.
Learned counsel for the appellant prays for withdrawal of I.A.
No.5729/2025, which is an application for temporary suspension of sentence.
Prayer is allowed.
Accordingly, I.A. No.5729/2025 is dismissed as withdrawn.
Heard on I.A. No.18664/2023 , which is first application filed under
Section 389(1) of the Code of Criminal Procedure 1973, for suspension of
jail sentence and grant of bail on behalf of sole appellant - Sonu @ Rahul
Thakur.
The appellant has been convicted for the offences punishable under
Section 302 of IPC and sentenced to undergo life imprisonment with fine of
Rs.10,000/-, with default stipulation vide judgment of conviction and order
of sentence dated 08.02.2023 passed by Special Judge/11th Additional
Sessions Judge (POCSO Act), District Jabalpur (M.P.) in S.T. No.320/2014.
This first application for suspension of sentence has been argued on
the ground that appellant faced trial for the offence under Sections 498-A
and 304-B of IPC alternatively Section 302 of IPC and Section 4 of Dowry
Prohibition Act, but was convicted only for the offence of Section 302 of
IPC. It is submitted that there was no direct evidence showing involvement
2 CRA-3897-2023
of appellant in the homicidal death of his wife; even last seen testimony
given by sole witness Harish Thakur (PW-11) has favored the defence of
appellant. It has also argued that no case of homicidal death was made out by
the testimony of Dr. Ashok Jain (PW-10), who had conducted the post
mortem, but relying on some photographs of deceased, trial Court observed
in paragraph nos.48 and 49 of its judgment that it was a case of homicidal
death and not of suicide. The submission has been made that no question was
put to appellant during his examination under Section 313 of Cr.P.C.
regarding the homicidal nature of death nor any opportunity was given to
him to cross examine the witnesses or explain his defence. It has been
argued that without affording any opportunity about the homicidal nature of
death, the trial Court gave this finding against the appellant. A request has,
therefore, made to allow the application.
State has opposed the application and for this it has placed reliance on
the photographs of deceased showing that her feet were touching the table
and this fact itself dismisses the theory of suicide. It has also been argued that
a linear abrasion is visible on the face of deceased. Based on these facts, a
request has been made to dismiss the application.
Learned counsel for both the sides have been heard and record has
been perused.
From the record it is evident that the incident took place on 06.02.2014
between 20:00 pm to 23:30 pm, but it is not explained around what time and
on which date these photographs marked as Article A/1 to A/4 were taken.
Photographer Rahul Gupta (PW-15) is silent on these details. In a case of
3 CRA-3897-2023
hanging, elongation of neck and body with the passage of time is a common
feature and no opportunity was given to appellant to cross examine the
witnesses on this basic feature.
Having heard the arguments and on perusal of the record, we are of
the considered opinion that till disposal of this appeal, execution of jail
sentence awarded to the appellant under the impugned judgment deserve to
be suspended. Therefore, without commenting on the merit of the case, this
application is allowed.
It is directed that subject to depositing the fine amount, if not already
deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees
Fifty Thousand only) with one surety in the like amount to the satisfaction of
the trial Court concerned, the custodial sentence of the appellant shall remain
suspended and he shall be released on bail for securing his presence before
the trial Court concerned on 27.06.2025 and on such other dates as may be
fixed in this regard during pendency of this appeal.
Accordingly, the aforesaid I.A. stands allowed and disposed of.
List for final hearing in due course.
(SUSHRUT ARVIND DHARMADHIKARI) (ANURADHA SHUKLA)
JUDGE JUDGE
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