Madhya Pradesh High Court
Narendra vs The State Of Madhya Pradesh on 1 October, 2021
Author: Subodh Abhyankar
1 CRA No.5661/2021
THE HIGH COURT OF MADHYA PRADESH
Criminal Appeal No.5661/2021
(Narendra Vs. State of M.P.)
Indore, Dated: 01/10/2021
Shri Sameer Verma, learned counsel for the appellant.
Shri Ranjeet Sen, learned Government Advocate for
the respondent/State.
Let the record be requisitioned.
Heard on I.A. No.26328/2021, which is the first application filed
under Section 389(1) of the Cr.P.C. for
suspension of jail sentence on behalf of the appellant.
The appellants have been convicted and sentenced under Section 306
and 506-II of the IPC for 7 years and 3 years RI with fine of Rs.2000/- and
1000/- with default stipulation by the learned trial Court vide judgment
dated 31.08.2021 passed in S.T. No.14/2018.
Learned counsel has submitted that the conviction of the appellant is
based on suicide note Ex.P-9, which the deceased has allegedly left before
committing suicide by hanging.
Counsel has further submitted that son of the deceased PW-2
Harshit Sharma has not supported the case of the prosecution and he
denied that he has given any suicide note to the police, in fact, he
has said that he has signed the document after 2-3 days. He has also
denied that the deceased has obtained loan from the accused person.
Counsel has also drawn the attention of this Court towards the
statement of the wife of the deceased, who has stated that her
husband has committed suicide as his business was not going well.
Counsel has further submitted that the conviction awarded to the
appellant cannot sustain.
On the other hand, learned counsel for the State/respondent
has opposed the prayer and prayed for rejection of the application.
Considering the facts and circumstances of the case and the
arguments advanced by the counsel for the parties including the
deposition of the prosecution witnesses and on perusal of the record,
this Court finds force with the contentions raised by the counsel for
the appellant and so far as the admissibility of the suicide note is
concerned, it is the matter to be decided at the time of final hearing,
in such circumstances, in the considered opinion of this Court, it
would be appropriate to suspend the jail sentence of the appellant.
Accordingly, I.A. No.26328 /2021 is allowed and it is directed that on
furnishing personal bond by the appellant in the sum of Rs.50,000/-
(Rupees Fifty Thousand only) each with separate solvent surety in the like
amount to the satisfaction of the learned trial Court, for their regular
appearance before the concerned trial Court, the execution of custodial part
of the remaining sentence imposed against the appellants shall remain
suspended, till the final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his
presence before the concerned trial Court on 20/12/2021 and on
all such subsequent dates, which are fixed in this regard by the
concerned trial Court.
Certified copy, as per rules.
(Subodh Abhyankar)
Judge
krjoshi
Digitally signed by KHEMRAJ JOSHI
Date: 2021.10.01 18:23:56 +05'30'
