Chandresh Badhen vs The State Of Madhya Pradesh
2023 Latest Caselaw 21041 MP

Madhya Pradesh High Court

Chandresh Badhen vs The State Of Madhya Pradesh on 12 December, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 3260 of 2014
                                              (CHANDRESH BADHEN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 12-12-2023
                                 Shri Akbar Hussain Usmani - Advocate for the appellant.

                                 Shri Anubhav Jain - Government Advocate for respondent-State.

Heard on I.A. No. 20668 of 2023, an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant - Chandresh Badhen arising out of judgment dated 08.07.2014 delivered in

Sessions Trial No.40/2014 by the VIIth Additional Sessions Judge Jabalpur, Distt. Jabalpur.

T h e appellant has been convicted under Section 302 of IPC and sentenced to undergo life imprisonment.

Learned counsel for appellant submits that appellant remained in actual custody for more than 10 years and final hearing of this appeal is not possible in near future. The main basis for conviction is dying declaration of his wife. By taking this Court to the dying declaration and impugned judgment, it is argued that the incident had taken place suddenly. There was no premeditation.

Accordingly, in view of 2009 SCC OnLine MP 845 (Vinod Kumar Vs. State of M.P.) the offence will be one under Section 304 Part-I/Part-II of IPC. For the same purpose, recent judgment of this court in Cr.A. No. 863 of 2012 ( Dinesh Kumar Bansal & Ors. Vs. State of M.P.) decided on 24.01.2023 is relied upon. It is submitted that the appellant had suspicion about the conduct of his wife and heated altercation took an ugly shape during which appellant allegedly poured kerosene on her and set her ablaze. This overt act, by no stretch of imagination brings within it the ingredients of Section 302 of IPC.

The prayer is opposed by Shri Anubhav Jain, learned G.A. on the basis of objection. But he fairly informed that as per jail report No. 1450/warrant- 1/2023 Jabalpur, Dated 12.10.2023 received from Central Jail, Jabalpur, the appellant as on 30.09.2023 has undergone actual sentence of 09 years, 10 months and 21 days and with remission he remained in custody for 13 years 9 months and 14 days. Thus, by now appellant remained in custody for more than 10 years.

Considering the aforesaid factual backdrop, period of custody coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any opinion on the merits of the case, we deem it proper to

suspend the remaining jail sentence of this appellant.

Accordingly, I.A No. 20668 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-Chandresh Badhen 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 trial Court Jabalpur o n 11 th of January, 2024 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)                                      (BINOD KUMAR DWIVEDI)
                                 JUDGE                                                  JUDGE

                           sarathe