Birendra Chaudhary vs The State Of Madhya Pradesh
2022 Latest Caselaw 13399 MP

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            THE HIGH COURT OF MADHYA PRADESH
                         CRR No. 2853 of 2022
            [BIRENDRA CHAUDHARY Vs THE STATE OF MADHYA PRADESH]

Gwalior, dt. :12.10.2022

      Shri F. A. Shah, learned counsel for applicant.

      Shri P. Tanwar, learned Panel Lawyer for the State.

      Heard on IA No.12014/2022, an application u/S.5 of Limitation Act

for condonation of delay.

      The application is duly supported by an affidavit.

      In view of the reasons assigned in the application, the same is

allowed and delay in filing the revision is hereby condoned.

      Admit.

      Also heard on IA.No.12012/2022, first application u/Sec.397

Cr.P.C. for suspension of sentence and grant of bail moved on behalf of

sole applicant - Birendra Chaudhary is taken up and considered.

      This criminal revision assails the judgment dated 10/12/2021 passed

in Criminal Appeal No.51/2018 by First Additional Sessions Judge,

Shivpuri, (M.P.) whereby the judgment of conviction and order of sentence

dated 05/01/2018 passed in RCT No.25/G.N./15 by Gramnyayadhikari,
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Janapad Panchayat, District Shivpuri (M.P.) has been confirmed by which

applicant has been convicted u/S.304-A of IPC (2 Counts) and has been

sentenced to undergo rigorous imprisonment of one-one year with fine of

Rs.1,000/- (Each count) with default stipulation.

      It is submitted by learned counsel for applicant that the Courts

below have wrongly convicted the applicant without appreciating the

materials and evidence available on record. He has further argued that PW-

1 who is an eye-witness, has been examined twice and in his examination-

in-chief recorded in the year 2015, he wrongly mentioned the number of

the offending vehicle. Thereafter, in the year 2017, he corrected his earlier

version which makes the entire prosecution story suspicious. It is further

argued that the driver of the offending vehicle was seen fled from the spot,

however, no TIP was conducted by the prosecution. The owner (PW-7) of

the vehicle has not supported the case of the prosecution that it was the

applicant who was driving the vehicle at the time of incident. The

applicant has suffered three months of incarceration as against one year's

rigorous imprisonment has been awarded. There are lots of contradictions

and omissions in the evidence of the prosecution witnesses. Therefore, he
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                                          prays for suspension of sentence and grant of bail to the applicant.

                                                 Per contra, learned Panel Lawyer for the respondent/State

vehemently opposed the prayer and submitted that the prosecution has

proved its case beyond doubt. Hence, prayed to reject the application.

Keeping in view, the facts and circumstances of the case, without

expressing any opinion on merits, the application (IA.No.12012/2022) for

suspension of sentence is hereby allowed.

It is directed that jail sentence of applicant- Birendra Chaudhary will

remain under suspension subject to depositing fine amount and on

furnishing personal bond of Rs.50,000/- (Rs. Fifty thousand only) with

two solvent sureties of the like amount to the satisfaction of the

concerned trial Court, for his appearance before the Registry of this Court

on 14/12/2022 and thereafter on all subsequent dates as may be fixed by

the office.

Application (IA.No.12012/2022) stands disposed of.

Certified copy as per rules/directions.

(SUNITA YADAV ) JUDGE vishal* Digitally signed by VIPIN KUMAR AGRAHARI VALSALA VASUDEVAN 2018.10.26 Date: 2022.10.18 11:19:06 +05'30' 15:14:29 -07'00'