Jasmat vs The State Of Madhya Pradesh
2021 Latest Caselaw 6000 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                           Cr.A. No.5543/2021
                        (Jasmat Vs. State of M.P.)
                                                                       -1-
Indore, dated 24/09/2021
      Shri Himanshu Joshi, learned counsel for the appellant.
      Ms. Seema Maheshwari, learned Government Advocate for
the respondent/State.

Heard on I.A. No.25904/2021, 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 appellant has been convicted and sentenced by the learned trial Court vide judgment dated 31.08.2021 passed in S.T. No.14/2018 as under :-

          Conviction                       Sentence
    Section   Act        Imprisonment      Fine          Imprisonment
                                                         in lieu of fine
    306       I.P.C.     7 Years R.I.        Rs.2000/-   2 Months R.I.
    506-II    I.P.C.     3 Years R.I.        Rs.1000/-   1 Month RI.

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.

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Cr.A. No.5543/2021 (Jasmat Vs. State of M.P.)

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.25904/2021 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) with one separate solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellant 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 N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.09.25 16:28:26 +05'30'