Rajesh Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 686 MP

                                                                1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 414 of 2019
                                     (RAJESH CHOUDHARY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-01-2023
                                Shri V.P. Singh- Advocate for the appellant No.2-Surendra

                          Choudhary.
                                Shri Arvind Singh-Govt. Advocate for the respondent/State.

Heard on I.A.No. 171/2023 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant- Surendra

Choudhary arising out of judgment dated 18/12/2018 delivered in Sessions Case No. 54/ 2014 by the learned Sessions Judge, Katni.

The appellant No. 2 has been convicted under Section 302/34 and 324/34 of IPC and sentenced to undergo RI for Life Imprisonment with fine of Rs.1000/- with default stipulation.

Learned counsel for the appellants by taking this court to the prosecution story submits that on 29-12-2013, a sudden quarrel took an ugly shape. The initial dispute was between the appellants and Rajjan Kol but, lateron as per the prosecution story, this appellant assaulted Nimiya Choudhary by means of lathi.

Learned counsel for the appellants submits that the necessary ingredients for attracting Section 302 of IPC are missing. The appellant No. 2 is in custody since 30-12-2013. The final hearing of this appeal of 2019 is not possible in near future. Thus, remaining jail sentence of the appellant may be suspended.

Learned Government Advocate opposed the prayer. Considering the nature of accusation and period of custody, which is evident from perusal of paragraph-113 of the impugned judgment, we deem it proper to suspend the remaining jail sentence of this appellant. Accordingly, Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 1/11/2023 5:51:56 PM

I.A.No. 171/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant is hereby suspended and it is directed that on furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand Only) along with one surety in the like amount to the satisfaction of the trial Court, the appellant Surendra Choudhary be released on bail with a further direction to remain present before the Trial Court, Katni on 17/04/2023 and 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)                            (AMAR NATH (KESHARWANI))
                                  JUDGE                                         JUDGE

                          PG




Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 1/11/2023
5:51:56 PM