Heeralal Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 12581 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3741 of 2022 (HEERALAL CHOUDHARY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 04-08-2023 Shri Anand Mohan Khare - Advocate for appellant No.2-Shivpat

Choudhary.

Shri Arvind Singh - Government Advocate for the State.

Heard on I.A. No. 9996/2022 an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to

appellant No.2-Shivpat Choudhary arising out of judgment dated 29.03.2022 delivered in S.T. No.38/2021 by Second Additional Sessions Judge, Kotma, Distt. Anuppur.

T he appellant has been convicted under Section 302/34 of IPC and sentenced to undergo R.I. for life and fine of Rs.5000/- with default stipulations.

It is submitted that as per the prosecution story on 23.03.2016 on the eve o f Holi festival a sudden quarrel had taken place between two groups. Cross complaints were registered. In the said free fight Rai Singh died. In the cross-

case lodged by the appellant party the other side was convicted for committing offence under Section 323 of IPC in ST. No.20292/2017 decided on 29.03.2022. Learned counsel for the appellant No.2 submits that in the year 2016, this appellant was aged about 63 years. He remained in custody during trial for 11 months 19 days and since the date of judgment (29.03.2022) he is again in custody. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended and he be released

Signature Not Verified on bail. Moreso, the incident took place suddenly and without there being any Signed by: KUNDAN SHARMA Signing time: 8/8/2023 10:42:36 AM

premeditation.

The prayer is opposed by learned Government Advocate. Considering the age of appellant No.2 coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any opinion on merits, we deem it proper to suspend the remaining jail sentence of

the appellant. Accordingly, I.A No. 9996/2022 is allowed.

Subject to depositing the fine amount, if not already deposited, the

remaining jail sentence of the appellant No.2 Shivpat Choudhary is hereby suspended and it is directed that he be released on bail on his 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 concerning trial court Kotma, District- Anuppur on 16.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C. c. as per rules.

                            (SUJOY PAUL)                                    (ACHAL KUMAR PALIWAL)
                               JUDGE                                                JUDGE

                         kundan




Signature Not Verified
Signed by: KUNDAN
SHARMA
Signing time: 8/8/2023
10:42:36 AM