Madhya Pradesh High Court
Ravi Thakur @ Chhotu vs The State Of Madhya Pradesh on 17 February, 2022
Author: Sheel Nagu
1
The High Court Of Madhya Pradesh
CRA No. 2598 of 2011
(RAVI THAKUR @ CHHOTU Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 17-02-2022
Shri Brajesh Kumar Rajak, learned counsel for the appellant.
Shri Kamlesh Dwivedi, learned Panel Lawyer for the respondent/State.
IA. No.937/2020, fourth repeat application u/S.389 Cr.P.C. for suspension
of sentence moved on behalf of appellant- Ravi Thakur @ Chhotu, is taken up
and considered along with reply of the State.
This criminal appeal assails the judgment dated 15.09.2011 passed in S.T.
No.678/2010 by 19th Additional Sessions Judge, Jabalpur (M.P.), whereby
appellant has been convicted u/S.302 of IPC and sentenced to undergo life
imprisonment with fine of Rs.500/- with default stipulations.
Learned counsel for the State opposed the application and prayed for its
rejection by contending that on the basis of the allegations and the material
available on record, no case for suspension of sentence is made out.
Prosecution story in short as evident from reading of Para 2 of the
impugned judgment reveals that appellant- Ravi Thakur @ Chhotu was found to
have caused single stab injury on the chest of the deceased Titu @ Tekchand
Bhatiya. Immediately prior to assault, heated argument and altercation took place
between deceased, appellant and co-accused, and therefore, possibility of assault
having taken place in the heat of the moment cannot be ruled out. More so, only
single blow was inflicted. The appellant has suffered more than 11 years of
incarceration and there is no hope of appeal being decided in near future for
hearing.
Accordingly, without entering into the merits of the matter, this Court is
inclined to grant bail to appellant by way of suspension of sentence. Hence,
IA.937/2020 is allowed.
It is directed that jail sentence of appellant- Ravi Thakur @ Chhotu will
remain under suspension subject to deposit of fine amount, if not already
deposited, and on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand
Only) with two solvent sureties of the like amount to the satisfaction of
concerned available Magistrate for his appearance before concerned available
Magistrate on 11.04.2022 and on such further dates as may be fixed in this regard
which shall be of frequency not less than once a year.
In case, appellant is found absent on any date fixed by the concerned
available Magistrate, then concerned available Magistrate shall be free to issue and
execute warrant of arrest for securing his presence without first referring the matter
to this Court, provided the Registry of this Court is kept informed.
Learned concerned available Magistrate and the prosecution are directed to
ensure following of Covid-19 precautionary protocol prescribed from time to time
by the Supreme Court, the Central Govt. as well as the State Govt. during release,
travel and residence of the appellant during period of suspension of sentence as a
consequence of this order.
A copy of this order be sent to the trial Court concerned for compliance.
C.c. as per rules.
(SHEEL NAGU) (DWARKA DHISH BANSAL)
JUDGE JUDGE
Sateesh
Digitally signed by SATEESH
KUMAR SEN
Date: 2022.02.21 17:58:00 +05'30'
