Anoop Patel vs The State Of Madhya Pradesh
2025 Latest Caselaw 6532 MP

Madhya Pradesh High Court

Anoop Patel vs The State Of Madhya Pradesh on 22 May, 2025

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                                  1                             CRA-8636-2024
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                        CRA No. 8636 of 2024
                                         (ANOOP PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 22-05-2025
                                 Shri Nitin Kumar Prajapati - Advocate for the appellants.

                                 Shri Manas Mani Verma- Govt. Advocate for respondents/State.

Heard on IA No. 12362/25, an application for urgent hearing and urgent relief during vacation.

For the reasons stated in the application, same is allowed.

Heard on I.A. No. 10897/25 is an application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence and grant of bail to appellant no.1- Anoop Patel.

This appeal is filed being aggrieved of judgment dated 23.07.2024 passed by learned VIIIth Additional Sessions Judge Rewa, District-Rewa (M.P.) in Sessions Trial No.187 of 2017 convicting the appellant No.1 for the offence under Section 304-B of the Indian Penal Code and sentenced him undergo R.I. for 12 years with fine of Rs.1,000/-, under Section 498-A of the Indian Penal Code and sentenced to undergo R.I. for 12 years with fine of Rs.1,000/- and under Section 4 of the Dowry Prohibition Act and sentenced to undergo R.I. for 1 year with fine of

Rs.1,000/- with default stipulations.

Learned counsel for the appellant submits that appellant is innocent and there are general and omnibus allegations. The parents as well as sister of the deceased have admitted that there were no demand of dowry at the time of marriage. The mother has also admitted that there was no tradition of dowry in their community. It is further submitted that there was no injury marks on the

2 CRA-8636-2024 body of the deceased as is stated by Dr. Rakesh Kumar Dhulkar (PW-8). It is not a case of murder but, of suicide. The demand of dowry is not established beyond reasonable doubt and there are no independent witnesses to substantiate any cruelty being meted out soon before the incident or she was harassed by her husband or relatives and ingredients of Section 304-B of the Indian Penal Code is not attracted. It is, therefore, prayed that the sentence imposed on the appellant No.1 be suspended and he be enlarged on bail.

Learned Government Advocate for the State on the other hand opposes the prayer for suspension of sentence.

After hearing learned counsel for the parties and going through the record, this Court is of the opinion that it is a fit case to suspend execution of remaining part of the jail sentence of the appellant No.1 and to release him on

bail.

Accordingly, I.A.No. 10897/25 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 sureties in the like amount to the satisfaction of the concerned Trial Court for her appearance before the Trial Court on 20.8.2025 and on all subsequent dates as may be fixed by the concerned Trial Court, the execution of remaining part of the jail sentence of the appellant no.1 shall remain suspended and he be released on bail till final disposal of this appeal.

Accordingly, I.A.No.10897/25 is allowed and disposed of.

                                   (VIVEK AGARWAL)                                     (VIVEK JAIN)
                                       V. JUDGE                                          V. JUDGE
                           PG

                            3   CRA-8636-2024