Sonu @ Satak vs State Of Madhya Pradesh
2021 Latest Caselaw 1866 MP

                                                        1                             CRA-10298-2019
                              The High Court Of Madhya Pradesh
                                         CRA-10298-2019

(SONU @ SATAK AND OTHERS Vs STATE OF MADHYA PRADESH)

Jabalpur, Dated : 06-05-2021 Heard through Video Conferencing.

Shri Amit Jain, learned counsel for the appellant. Shri Laven Arora, learned Panel Lawyer for the State. Heard on admission.

Appeal is admitted for hearing.

Appellant has filed an application i.e. I.A. No.13417/2020 under Section 389(1) of Code of Criminal Procedure for suspension of jail sentence.

Appellant has been convicted under Section 304/34 of the Indian Panel Code and sentenced to undergo R.I. for 7 years with fine of Rs.1000/-, with default stipulation by the impugned judgment dated 02.11.2019 passed by First Additional Sessions Judge, Sagar in S.T.No.22/2016.

As per prosecution story, co-accused-Sonu assaulted the complainant on head whereas present appellant-Chotu @ Khushal assaulted the

complainant on his chin.

It is submitted by counsel for the appellant that appellant has not caused any injury and has falsely been implicated in the case. In medical examination report, no injury has been found on the chin of complainant. Being family member, he was named as accused in the case. It is further submitted by him that applicant had remained in jail for 45 days during trial and after passing of judgment he is in custody since 02.11.2019. It is also submitted by him that considering the fact that appellant has been sentenced to a fixed sentence of seven years and there is no likelihood of hearing of appeal in near future due to surge in Covid-19 cases in the State, case of appellant may be considered and sentence may also be suspended and he

Signature Not may be released on bail.

SAN Verified

Digitally signed by SHABANA ANSARI Date: 2021.05.08 13:18:22 IST 2 CRA-10298-2019 Learned Panel Lawyer opposed the application for suspension of sentence.

Considering the fact that there is no injury on chin of the injured person

and applicant has been sentenced to a fixed sentence of seven years, I.A.

No.13417/2020 for suspension of sentence is allowed. It is hereby

directed that the custodial sentence awarded to the appellant-Chotu @ Khushal shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety bond of the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 12.08.2021 and on other dates as may be fixed in this regard till final disposal of this appeal.

C.C. as per rules.

                                                                                  (VISHAL DHAGAT)
                                                                                       JUDGE


                      shabana




Signature
 SAN      Not
Verified

Digitally signed by
SHABANA ANSARI
Date: 2021.05.08
13:18:22 IST