Madhya Pradesh High Court
Govind vs The State Of Madhya Pradesh on 17 August, 2023
Author: Achal Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9170 of 2023
(GOVIND AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 17-08-2023
Mr. Surendra Singh - Senior Advocate with Shri S.K. Dubey , Advocate
for the appellants.
Ms. Shanti Tiwari - Panel Lawyer for the respondent/State.
Heard on admission.
This appeal is admitted for hearing.
Also heard on I.A. No. 17183/2023 an application under Section 389(1)
of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to
appellants arising out of judgment dated 30.06.2023 delivered in ST No.
98/2020 by 7th Additional Sessions Judge, Sagar.
The appellants have been convicted under Section 306/34 of IPC and
sentenced to undergo R.I. for 7 years with fine of Rs.5000/- with default
stipulations.
Learned counsel for the appellants submits that allegation against the
appellants is that one Najju @ Brajesh Kachhi committed suicide on 19.06.2019
and appellants were threatening the deceased Pawan Mishra to falsely implicate
him in the case of suicide of Najju @ Brajesh. Learned counsel for the
appellants relying upon the case of UDE Singh and others Vs. State of
Haryana, AIR 2019 SC 4570 submits that above act of appellants cannot be
said to have abetted suicide of deceased Pawan Mishra and mens rea is also
missing. Other person Chandrabhan was also allegedly threatened but he did
not commit suicide. Therefore, no offence under Section 306 of IPC is made
out as necessary ingredients for abetment to commit suicide are completely
missing. The final hearing of this appeal is not possible in near future. Thus,
remaining jail sentence of appellants may be suspended and he be released on
bail.
The prayer is opposed by learned Panel Lawyer.
Taking into consideration the over all evidence on record and
submission made by learned counsel for the appellants, coupled with the fact
that hearing of this appeal is not possible in near future and without expressing
any opinion on merits, I deem it proper to suspend the remaining jail sentence
of the appellants. Accordingly, I.A No. 17183/2023 is allowed.
Subject to depositing the fine amount, if not already deposited, the
remaining jail sentence of the appellants is hereby suspended and it is directed
that the appellants be released on bail on their furnishing a personal bond for a
sum of Rs.25,000/- (Rupees Twenty Five thousand only) eac h with one
solvent surety each of the like amount to the satisfaction of the trial court with a
further direction to appear before the concerning trial court Sagar on
30.10.2023 and also on such other dates, as may be fixed by the trial court in
this regard during the pendency of this appeal.
List the case for final hearing in due course.
C. c. as per rules.
(ACHAL KUMAR PALIWAL)
JUDGE
L.R.
Digitally signed by
LALIT SINGH RANA
Date: 2023.08.18
10:47:10 +05'30'
