Ramu Chansoria vs The State Of Madhya Pradesh
2021 Latest Caselaw 7992 MP

                                  1                                CRA-4358-2021
         The High Court Of Madhya Pradesh
                  CRA No. 4358 of 2021

(RAMU CHANSORIA Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 30-11-2021 Shri Sankalp Kochar, learned counsel for the appellant. Shri S.K. Kashyap, learned Government Advocate for the State. Learned counsel for the appellant prays for withdrawal of I.A.No.14506/2021 which is the first application filed on behalf of the appellant under section 389 (1) of Cr.P.C. for suspension of his jail sentence.

Prayer is allowed.

Accordingly, I.A.No.14506/2021 is dismissed as withdrawn. Heard on I.A.No.13575/2021 which is the first application filed on behalf of the appellant under section 389 (1) of Cr.P.C. for suspension of his jail sentence dated 16.07.2021 passed by ASJ Lavkushnagar, District Chhatarpur(MP) in Sessions Trial No.49/2017 convicting the appellant under sections 302 of IPC and sentencing him to undergo R.I. for life along with fine of Rs.5000/ and under Sections 394 and 397 of IPC and sentencing him to undergo R.I. for 7 years with fine of Rs.5000/-, with default stipulation, as

mentioned in the impugned judgment.

The case of the prosecution is that the appellant was involved in the conspiracy with three other co-accused persons in committing the loot and murder of the deceased. The admitted case of the prosecution is that the body of the deceased was found near his vehicle and he had suffered an injury in the head. There are no eye-witnesses to the case. The Trial Court order reveals that based upon informer's information on the grounds of suspicion the other three co-accused persons were picked up and the appellant has been named by them in their 27 memorandum. As per the statements given by the co-accused persons, the appellant was a part of the conspiracy who was not present physically at the scene of occurrence on the date of the incident. Learned counsel for the appellant further submits that 2 CRA-4358-2021 besides the memorandum of the co-accused persons, the appellants own memorandum and the seizure of certain articles from the appellant which have been identified by the brother of the deceased, there is no other evidence against the appellant.

Learned counsel for the State while opposing the application for grant of bail and suspension of sentence has submitted that besides memorandum

of co-accused persons, there is no evidence against the appellant herein. However, he has referred to those parts of the Trial Court order which reflect that the appellant was an active participant in the conspiracy based upon the memorandum of the three co-accused and the appellant himself. The learned Trial Court as also arrived to the finding that the call detail records of the appellant had shown that he was in communication with the other three co- accused persons on the date of the incident.

Be that as it may, looking to the facts and circumstances of the case and what has been discussed hereinabove, without commenting on the merits of the case, the application is allowed. It is directed that the appellant shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one surety in the like amount in the same to the satisfaction of the learned trial Court.

The jail authorities shall have the appellant checked by the jail doctor to ensure that he is not suffering from the Novel Corona Virus (COVID-19) and if he is, he shall be sent to the nearest hospital designated by the state for treatment. If not,he shall be transported to his place of residence by the jail authorities.

Certified copy as per rules.

     (ATUL SREEDHARAN)                                       (SUNITA YADAV)
            JUDGE                                                  JUDGE

VD


         Digitally signed by VARSHA DUBEY




VARSHA
         DN: c=IN, o=HIGH COURT OF MADHYA
         PRADESH, ou=HIGH COURT OF MADHYA
         PRADESH, postalCode=482001, st=Madhya
         Pradesh,

2.5.4.20=e360c7a2bb9378e314ecfcdf4458cd1c 3a3f9460d19cc958750389a65845567e,

DUBEY pseudonym=91BA72F7534E9399BED7C4DFF6 D5CF67F47B7602, serialNumber=BB80E27F6CE10A91C2938536D8 BE6957B3DCCC282DEF75B7770758CAEB70563 5, cn=VARSHA DUBEY Date: 2021.12.01 12:07:00 +05'30'