Madhya Pradesh High Court
Chander Alias Satnam Chvala vs The State Of Madhya Pradesh on 26 April, 2022
Author: Vivek Rusia
- : 1 :-
THE HIGH COURT OF MADHYA PRADESHBENCH AT INDORE
(D.B.: HON'BLE Mr. JUSTICE VIVEK RUSIA AND HON'BLE Mr.
JUSTICE AMAR NATH (KESHARWANI) JJ.)
Criminal Appeal No.7822/2021
(Chander @ Satnam Chvala and others V/s. State of M.P.)
Indore, Dated: 26/4/2022:
Shri Satyendra Kumar Vyas, learned senior counsel along with Shri
Amit Vyas, learned counsel for the appellants.
Shri Kamal Kumar Tiwari, learned Govt.Advocate for the
respondent/State.
Admit.
List the matter for final hearing.
Heard on I.A. No.5811/2022, which is an application for suspension
of sentence filed under section 389(1) of the Cr.P.C. on behalf of appellant
no.5 Pratap Singh S/o Bhadur Singh.
The appellant no.5 along with other appellants have been convicted
vide judgment dated 01/11/2021 in Session Trial No.200428/2016 passed
by the Additional Sessions Judge, Dharampuri District Dhar as below:-
Conviction Sentence
Section Act Imprisonment Fine deposited Imprisonment
details in lieu of Fine
147 IPC 2 years RI Rs.1,000/- 3 months R.I
148 IPC 3 years RI Rs.2,000/- 6 months R.I
353/149 IPC 2 years RI Rs.1,000/- 3 months R.I
332/149 IPC 3 years RI Rs.2,000/- 6 months R.I
307/149 IPC Life imprisonment Rs.10,000/- 5 years
1 year RI Rs.500/- 2 months R.I
25(1-a) Arm 3 years RI Rs.2,000/- 6 months R.I
- : 2 :-
As per prosecution story, the S.T.F team went to the spot to arrest
appellant no.1 Chander @ Satnam Chvala on a discrete information that
he is indulged in trade of illegal arms. The members of the team were
prevented by the other co-accused persons to arrest appellant no.1
Chander @ Satnam Chvala by pelting stones on them. Two members
sustained injuries on their faces. Later on appellant no.1 Chander @
Satnam Chvala and all the other appellants were arrested by the police and
were sent to jail. They were tried under sections 353/149, 147, 148,
332/149, 323/149 of IPC and vide judgement dated 01/11/2021 passed in
Session Trial No.200428/2016 by the Additional Sessions Judge,
Dharampuri, District Dhar they have been convicted for the
aforementioned sections.
Learned counsel for the appellants submits that after undergoing one
and half years of incarceration they were enlarged on bail. The injuries are
simple in nature. The offence would not travel more than Section 325 of
the IPC, therefore, they have been wrongly convicted under Section 307 of
IPC. So far as Section 353 of IPC is concerned, they have been awarded
sentence of two years. This appeal is of 2021 and there is no likelihood of
final hearing in near future of this appeal, hence, prays for suspension of
sentence of appellant no.5.
Learned Govt. Advocate for the respondent/State opposes the prayer
for suspension of sentence.
Considering the facts and circumstances of the case, also the fact
that there is no specific role as to who has thrown the stone which has
caused injury and there is no likelihood of final hearing of this criminal
appeal in near future, without commenting on the merits of the case the
application for suspension of sentence I.A. No.5811/2022 is allowed.
Execution of jail sentence of the appellant no.5 is hereby suspended and it
- : 3 :-
is ordered that the appellant no.5 Pratap singh be released on bail on his
furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety in the like amount to the
satisfaction of the learned trial Court for his appearance before the Court,
the execution of custodial part of the sentence shall remain suspended, till
the final disposal of this appeal.
The appellant no.5 shall mark his presence before the registry of this
Court on 26/09/2022 and on all such subsequent dates, which are fixed in
this regard by the Registry.
I.A. No.5811/2022 stands disposed of.
Certified copy as per rules.
(VIVEK RUSIA ) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
das
Digitally signed
by REENA
PARTHO SARKAR
Date: 2022.04.27
10:42:47 +05'30'
