Chander Alias Satnam Chvala vs The State Of Madhya Pradesh
2022 Latest Caselaw 9338 MP

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The High Court of Madhya Pradesh : Bench At Indore

DIVISION BENCH :     HON'BLE SHRI JUSTICE VIVEK RUSIA
                     HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)

                 Criminal Appeal No.7822 of 2021
 Chander Alias Satnam Chavala & Others v/s The State of Madhya Pradesh
Indore, dated 11.07.2022
           Shri Satyendra Kumar Vyas, learned Senior Counsel
assisted by Shri Amit Vyas, learned counsel for appellants No.1 to
4 & 6.
           Shri Mukesh Kumawat, learned Government Advocate for
the respondent / State.

Heard on I.A. No.6353/2022, which is first application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of appellant No.1 - Chander alias Satnam Chvala S/o Tarasingh Chavla, appellant No.2 - Tarasingh S/o Telusingh Chvala, appellant No.3 - Tersingh @ Tejsingh Chouhan, appellant No.4 - Rajpal alias Raju Bhatiya S/o Bithalsingh Bhatiya and appellant No.6 - Malkhansingh S/o Bhahadursingh Sikligar.

All the appellants suffered conviction and sentence as under:-

             CONVICTION                              SENTENCE
 Section       Act     Imprisonment        Fine if deposited Imprisonment in
                                                details        lieu of fine
   147        IPC         02 years' R.I.      Rs.1,000/-    03 months' R.I.
   148        IPC         03 years' R.I.      Rs.2,000/-    06 months' R.I.
 353/149      IPC         02 years' R.I.      Rs.1,000/-    03 months' R.I.



 332/149       IPC        03 years' R.I.    Rs.2,000/-    06 months' R.I.
 323/149       IPC        01 year's R.I.     Rs.500/-     02 months' R.I.
 307/149       IPC      Life Imprisonment   Rs.10,000/-    03 years' R.I.
 25(1-a)     Arms Act     03 years' R.I.    Rs.2,000/-    06 months' R.I.

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 by pelting stones on them two members sustain injuries on their face. Later on, appellant No.1 along with all accused persons were arrested and sent to jail. They were tried under Sections 253/149, 147, 148, 332/149 & 323/149 of the IPC and vide judgment dated 01.11.2021 passed in Sessions Trial No.200428/2016 by the Additional Sessions Judge, Dharampuri, District - Dhar, they have been convicted for the aforementioned offences.

Learned counsel for the appellants submits that during the trial, they were on bail. The injuries are simple in nature. The offence would not travel more than Section 325 of the IPC, therefore, they have wrongly been convicted under Section 307 of the IPC. So far as Section 353 of the IPC is concerned, they have been awarded two years' rigorous imprisonment. This is an appeal of 2021 and there is no likelihood of early disposal of this appeal. Hence, remaining jail sentence of these appellants may be suspended.

Learned Government Advocate for the respondent / State

opposes the application.

Considering the facts and circumstances of the case and the role attributed to the present appellants, we deem it proper to suspend the remaining jail sentence of these appellants. Accordingly, I.A. No.6353/2022 stands allowed.

The execution of remaining jail sentence of appellants No1, 2, 3, 4 & 6 namely Chander alias Satnam Chvala, Tarasingh, Tersingh alias Tejsingh Chouhan, Rajpal @ Raju Bhatiya & Malkhansingh respectively is hereby suspended and it is ordered that the appellants be released on bail upon their furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each of the like amount to the satisfaction of the trial Court and subject to depositing the fine amount (if not already deposited) with a further direction to appear before the concerned Trial Court on 26.09.2022 and also on such other dates, as may be fixed by the concerned trial Court in this regard during the pendency of this appeal.

I.A. No.9246/2022 also stands disposed of.

The present appeal has already been admitted. List the appeal for final hearing in due course. Certified copy, as per rules.

     (VIVEK RUSIA)                              (AMAR NATH (KESHARWANI))
       JUDGE                                            JUDGE
Ravi
Digitally signed by RAVI PRAKASH
Date: 2022.07.11 17:51:13 +05'30'