Natthu Thakre vs The State Of Madhya Pradesh
2022 Latest Caselaw 14904 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7276 of 2022 (NATTHU THAKRE Vs THE STATE OF MADHYA PRADESH)

Dated : 15-11-2022 Mr. Manish Gavane, learned counsel for the appellant.

Ms. Geeta Yadav, learned Panel Lawyer for the State. Heard on admission.

Appeal is admitted for hearing.

Heard on I.A. No.15701 of 2022 which is first application filed on behalf of

the appellant for suspension of sentence and grant of bail.

The appellant has been convicted by the impugned judgment passed by the trial Court under Section 307 of IPC and sentenced to R.I. for 03 years with fine of Rs.10,000/-, with default stipulation.

Learned counsel for the appellant has submitted that the maximum sentence awarded to the appellant is three years. It is further contended that, in fact, complainant was aggressor and started quarreling with the appellant but the trial Court has not considered this aspect of the matter. The trial Court has not considered the material contradiction and omission in the testimonies of the

prosecution witnesses and hence, arrived at erroneous findings. The trial Court suspended the jail sentence of the appellant till 13.09.2022 and the same has been extended by this Court till today. Disposal of this appeal would take considerable time, therefore, the custodial sentence of the appellant may be suspended and she may be released on bail.

Signature Not Verified SAN Learned Panel Lawyer has opposed the prayer for bail. Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.11.16 11:45:26 IST Heard learned counsel for the parties and perused the record. Though the

appellant has been convicted under Section 307 of the IPC however, the appellant has been sentenced to undergo RI only for a period of 3 years and for the same the trial Court has explained reasons in paragraph 39 of the Judgment. Hence, keeping in view the age of the appellant (about 69 years), period of jail sentence awarded to him and the fact that the trial Court has suspended the jail sentence of the appellant and the same has been extended by this Court, I deem it to be a fit case to suspend the custodial sentence of the appellant and to release him on bail, therefore, without commenting on the merit, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty

Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant - Natthu Thakre shall remain suspended and he shall be released on bail for securing his presence before the Registry of this Court on 15.03.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant shall regularly appear before the Registry of this Court on each and every date, without fail.

List the matter for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.11.16 11:45:26 IST