Citation : 2025 Latest Caselaw 9036 MP
Judgement Date : 10 September, 2025
1 CRA-3306-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 3306 of 2025
(NARENDRA GOYAL AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 10-09-2025
Shri Sushil Goswami - Advocate for the appellant.
Shri B.P.S. Chauhan - Public Prosecutor for the respondent/ State.
Heard on I.A.No.7133/2025, first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant No.3- Shribati Bai @ Shrimati and appellant No.4 - Rashmi.
Appellants No. 3 & 4 are facing sentence by virtue of judgment dated 19th March, 2025 passed by VIIth Additional Sessions Judge, Bhind, District-Bhind in S.T. No.63/2021 whereby appellants No.3 & 4 have been convicted and sentenced as under:-
Section Imprisonment Fine Default in lieu thereof 304 B IPC LI 10,000/- 01 year's RI 498-A IPC 02 years' RI 5,000/- 06 months' RI 4 of Dowry Prohibition Act 02 years' RI 5,000/- 06 months' RI
It is the submission of counsel for appellant that the trial Court erred in convicting and awarding jail sentence to present appellants. It is further
submitted that appellant No.4-Shrivati Bai is the mother-in-law of the deceased and appellant No.4-Rashmi is the sister-in-law (जेठानी) of the deceased and they both suffered 06 months' incarceration as pre and post trial confinement. Infact, appellant No.4-Rashmi was granted the benefit of anticipatory bail earlier. It is further submitted that both appellants were falsely implicated in the case. They both were living separately. On the first
2 CRA-3306-2025 floor, deceased and her husband (co-accused Akash) were living with their son and on the ground floor, parents-in-law, brother-in-law and sister-in-law were living together. Appellant No.4-Rashmi has one son aged about 08 years and all family members are behind the bar, therefore, her son is living with his maternal-grand parents. Only omnibus allegations have been levelled against present appellants. Besides that, fine amount has already been deposited and appeal being of the year 2025 shall take time for final hearing. Appellant No.4 remained on bail during trial and she did not misuse the liberty so granted. Under such circumstances, bail may kindly be granted to present appellants.
Learned counsel for the respondent/ State opposed the prayer and submits that appellant No.3-Shrivati and appellant No.4-Rashmi specifically
played the role of harassment for dowry demand, which is reflected from the evidence of the prosecution witnesses and within 14 months of marriage the deceased committed suicide, which is very strange. He also refers one photograph (Annexure A-2), which indicates that some members of the family are hurling currency notes while appearing with the bride and bride- groom in their wedding reception. Under such circumstances, learned counsel prayed for dismissal of the application.
Heard counsel for the parties and perused the record. Considering the arguments advanced by counsel for the parties and going through the evidence surfaced, it appears that no case is made out for grant of bail to appellant No.3-Shrivati Bai as she was mother-in-law of the deceased and specific allegations have been levelled against her. Therefore,
3 CRA-3306-2025 bail in respect of appellant No.3-Shrivati Bai stands rejected. However, so far as appellant No.4-Rashmi is concerned, looking to the fact that appellant No.4 is a lady aged about 33 years and is having a child aged about 08 years and all the family members are behind the bar, therefore, in the peculiar facts and circumstances of the case, this Court intends to allow the application I.A. No.7133/2025 and it is directed that if appellant No.4-Rashmi furnishes a bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with one solvent surety of the like amount to the satisfaction of the trial Court that she shall appear before the Principal Registry of this Court on 11/11/2025 and thereafter, on all other subsequent dates as may be fixed by the Office for her appearance, then she shall be released on bail and execution of jail sentence is suspended till disposal of this appeal, subject to deposit of fine amount, if not already deposited. I.A.No.7133/2025 stands disposed of, accordingly.
A copy of this order be sent to the trial Court concerned for compliance and information.
Certified copy as per rules/directions.
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
VC
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