Chunni vs The State Of Madhya Pradesh
2021 Latest Caselaw 4843 MP

                                                      01Cr.A.8173/2018

              HIGH COURT OF MADHYA PRADESH

                          Cr.A. No. 8173/2018

                       (Chunni vs. State of M.P. )

Gwalior, Dated: 31.08.2021
      Heard through hybrid system of physical/virtual hearing.

      Shri Vilas Tikhe, learned counsel for the appellant.

      Shri Lokendra Shrivastava, learned Public Prosecutor for the

respondent/State.

This criminal appeal assails the judgment dated 25.09.2018

passed in S.T.No.212/2017 by Second Additional Session Judge, Karera

District Shivpuri whereby appellant has been convicted and sentenced

as under:-

Section              Imprisonment    Fine               In Default
302 of IPC           Life            Rs.1000/-          six month
                     Imprisonment

I.A.No.13808/2020, repeat application u/S 389 of Cr.P.C. after

rejection of earlier one which was dismissed for want of prosecution

without being considered on merits, is taken up and considered along

with the reply filed by the State.

Prosecution story found to be proved is that owing to certain past

animosity arising out of sharing of agricultural land, the rival parties

entered into argument which turned into altercation and thereafter

the appellant caused injuries by giving kick and fist blows on the chest

and by squeezing the testicles of the deceased, who died while being

taken to hospital.

02Cr.A.8173/2018

After having heard learned counsel for the rival parties, prima

facie it does not appear that the assault was made with an intention to

commit murder.

However, without expressing any opinion on the merits,

considering the period of custody which is about four years and the

absence of any antecedents, I.A. No. 13808/2020 is allowed and it is

directed that the jail sentence of appellant-Chunni will remain under

suspension subject to verification that the amount of fine has been

deposited, on his furnishing bail bond of Rs.50,000/- (Rupees Fifty

Thousand Only) with one solvent surety of the like amount to the

satisfaction of concerned CJM, for appearance of appellant before the

concerned CJM on 20th December, 2021 and on such further dates as

may be fixed by him which shall be of frequency of not less than once a

year.

In case appellant is found absent on any date fixed by concerned

CJM, then the said CJM shall be free to issue and execute warrant of

arrest for securing his presence without first referring the matter to this

Court, provided the Registry of this Court is kept informed.

C.c as per rules.

(Sheel Nagu)                     (Deepak Kumar Agarwal)
  Judge                                   Judge


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  2021.09.01
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