Chote Kushwaha vs The State Of Madhya Pradesh
2021 Latest Caselaw 1842 MP

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            HIGH COURT OF MADHYA PRADESH

                Cri. Appeal No.3809/2020

   (CHOTE KUSHWAHA      Versus THE STATE OF MADHYA PRADESH)


        THROUGH : VIDEO CONFERENCING

Jabalpur, Dated 06.5.2021


     Shri    R.K.    Jain,     learned    counsel     for     the

appellant.

     Ms. Kamlesh Tamrakar, learned Panel Lawyer

for the respondent/State.

Heard on IA No.2684/2021, an application for

suspension of sentence and grant of bail to

appellant Chote Kushwaha.

The appellant has been convicted under

Section 307 of the IPC and sentenced to R.I. for ten

years with fine of Rs.5,000/-, with default

stipulations in ST No.373/2013 by Additional

Sessions Judge Bijawar, District Chatarpur, vide

judgment dated 25.7.2017.

The allegation against the present appellant is

that he assaulted his brother with a farsa on his

head.

Learned counsel for the appellant submits that

the appellant has undergone jail sentence of more

than 5 years and 8 months. It is prayed that looking

to the present Covid-19 situation, the appeal would

take considerable time to dispose of finally, hence

remaining jail sentence of appellant may be

suspended and he may be released on bail.

The fact that the appellant has completed

more than half of the jail sentence has not been

disputed by the learned Panel Lawyer for the

respondent/State.

Considering that in the present scenario of

Covid-19 pandemic, there is no likelihood of final

hearing of the appeals in near future , this

application is allowed.

Remaining jail sentence of appellant is hereby

suspended and it is directed that subject to

depositing the fine amount and furnishing the

personal bond in the sum of Rs. 35,000/- (Rs. Thirty

Five Thousand Only) with two sureties in the like

amount to the satisfaction of the trial Court

concerned, the appellant shall be released on bail

with a further direction to appear before the

Registry of this Court firstly on 15th December, 2021

and also on such other dates as may be fixed by

the Registry in this regard during pendency of this

appeal.

A typed copy of this order be forwarded by the

Registry to the Office of the Advocate General and

learned Panel Lawyer, on their respective e-mail

addresses, for compliance. The office is also

directed to forward a copy of this order to the

learned Court below.

Certified copy/e-copy as per rules/directions.

(Nandita Dubey) Judge.

ak/jk.

Digitally signed by JITIN KUMAR CHOURASIA Date: 2021.05.07 13:54:52 +05'30'