Guddu @ Ashutosh Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 2705 MP

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                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                CRA No. 12544 of 2022
                                                (GUDDU @ ASHUTOSH CHOUDHARY Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 14-02-2023
                                           Shri Mukesh Pandey - Advocate for the appellant.

                                           Ms. Seema Jaiswal - Panel Lawyer for the respondent/State.

Heard on the question of admission.

Record of the trial Court perused.

The appeal is admitted for final hearing.

Also heard on I.A No.25175/2022 which is an application under Section 389(1) of Cr.P.C for suspension of sentence moved on behalf of appellant.

The appellant has been convicted for offence punishable under Section 326 of IPC and sentenced to undergo R.I. for five years and fine amount of Rs.500/- with default stipulations vide judgment dated 15.12.2022 passed by learned 1st Addl. Sesions Judge, Panna, District Panna in S.T. No. 51/2022.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. The learned trial Court has erred in not appreciating the fact that there are material omissions and contradictions in

the version of the prosecution witnesses. Some of the accused persons have already been acquitted by the learned Court below. It is also submitted that offence under Section 326 of IPC is not made out against the present appellant. It is further submitted that appellant is in jail since 15.12.2022 and has undergone four months out of his jail sentence. It is further submitted that there is no likelihood of hearing of appeal in near future. Hence, counsel prayed that Signature Not Verified SAN

application for suspension of sentence may be allowed. Digitally signed by AMITABH RANJAN Date: 2023.02.16 15:02:51 IST

Learned Panel Lawyer for the State on the other hand has opposed the

application and prays for its rejection.

In due consideration of the submissions made on behalf of the appellant, o n perusal of the material available on record and looking to the fact that appellant has undergone 04 months out of the jail sentence awarded to him, it would be appropriate to suspend the jail sentence of the appellant.

Accordingly, I.A No.25175/2022 filed on behalf of appellant is allowed and it is directed that subject to deposit of fine amount if already not deposited and on furnishing personal bond by appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before the

concerned trial Court, appellant be released from the custody if not required in any other case and the execution of custodial part of the remaining sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 21.04.2023 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

List in due course for final hearing.

Certified copy, as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

Amitabh

Signature Not Verified SAN

Digitally signed by AMITABH RANJAN Date: 2023.02.16 15:02:51 IST