Chhingo @ Chhingu @ Parwati vs The State Of Madhya Pradesh
2023 Latest Caselaw 12328 MP

                                                            1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                     CRA No. 2886 of 2017
                               (CHHINGO @ CHHINGU @ PARWATI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 02-08-2023
                                Mr. Shreyash Pandit - Advocate for the appellant No.1.

                                Mr. Pramod Padney - Government Advocate for respondent-State.

Heard on I.A. No.15192 of 2023, an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant No.1 Chhingo @ Chhingu @ Parwati arising out of judgment dated 14/07/2017

delivered in Sessions Trial No.419/2013 by Additional Sessions Judge, Bijawar, District Chhatarpur (MP).

The appellant No.1 has been convicted under Section 302 of IPC and sentenced to undergo for R.I. for life with fine of Rs.1000/-, with default stipulation.

Learned counsel for this appellant submits that no previous application of this appellant was dismissed on merits. This court was kind enough in suspending the remaining jail sentence of co-accused Mohanlal on 09/10/2017. The conviction of accused persons is based on dying declarations. By taking

this Court to the dying declarations Ex.P/3 and Ex.P/9, it is submitted that role attributed on the present appellant is almost similar to the role allegedly played by co-accused Mohan. There are inconsistencies between two dying declarations. The appellant remained in actual custody for 9 years 10 months. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of this appellant may be suspended.

The prayer is opposed by learned Government Advocate on the basis of objection. However, on a specific query from the Bench, learned Government Signature Not Verified Signed by: MANJU Signing time:

8/3/2023 12:45:36 PM

Advocate fairly admitted that role played by appellant is almost similar qua the role played by Mohanlal.

Considering the aforesaid fact and period of custody, we deem it proper to suspend the remaining jail sentence of this appellant also.

Accordingly, I.A No.15192 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that appellant No.1 Chhingo @ Chhingu @ Parwati be released on bail on her furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction

of the trial Court with a further direction to appear before the trial Court,

Bijawar District Chhatarpur o n 9 th of October, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                            (SUJOY PAUL)                                    (ACHAL KUMAR PALIWAL)
                               JUDGE                                                JUDGE

                         manju




Signature Not Verified
Signed by: MANJU
Signing time:
8/3/2023 12:45:36 PM