Chhuttan @ Chhotelal vs The State Of Madhya Pradesh
2023 Latest Caselaw 2809 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 422 of 2017
                                   (CHHUTTAN @ CHHOTELAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 15-02-2023
                                 Shri Subham Singh - Advocate for the appellants.

                                 Shri Yogesh Dhande - Government Advocate for the respondent/State.

I.A. No.20141/2022 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.1 - Chhuttan @ Chhotelal arising out of judgment dated 29.12.2019 delivered in Sessions Trial

No.89/2012, by IInd Additional Sessions Judge, Khurai, District Sagar (M.P.) is taken up.

The appellant No.1 has been convicted under Section 302 of IPC and sentenced to undergo R.I. for Life Imprisonment with fine of Rs.5,000/-, with default stipulation.

Learned counsel for the appellants submits that as per prosecution story on 13.09.2011 at around 12.30 A.M., the appellant and co-accused persons caused gunshot injury to deceased Manish Sahu. He was taken to the hospital but was found to be dead. Learned counsel for the appellants submits that

prosecution could not establish its case by leading legal evidence. He further submits that appellant No.1 was in custody between 14.09.2011 to 06.08.2013 and from the date of judgment i.e. 29.12.2016 he is again in custody. Thus, he prayed that remaining jail sentence of appellant No.1 may be suspended.

Government Counsel has opposed the same and contended that apart from other evidence, the impugned judgment is based on eye witnesses account by taking into account the testimony of Ashok Kumar Patwa @ Dabbu (PW-

18), Manoj Sahu (PW-21) and Pradeep Sahu (PW-22). Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 16-Feb-23 10:25:30 AM

We have heard the parties at length.

Considering the over all evidence and more particularly testimony of aforesaid eye witnesses, no case is made out for suspension of sentence at this stage, I.A.No.20141/2022 is dismissed.

                               (SUJOY PAUL)                              (AMAR NATH (KESHARWANI))
                                  JUDGE                                           JUDGE

                          sm




Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 16-Feb-23
10:25:30 AM