Chhote Lal @ Chhodiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 10992 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1544 of 2014 (CHHOTE LAL @ CHHODIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 17-07-2023 Shri Narendra Nikhare - Advocate for the appellants.

Shri Pramod Kumar Pandey - Govt. Advocate for the State.

Heard on I.A.No.6415/2023, which is repeat/5th application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to the appellant No.11 - Vishnu Prasad.

Learned counsel for the appellant contends that the appellant is malefactor, who has been convicted for the offences punishable under Sections 148, 323/149 (on four counts) and 302/149 of IPC and sentenced to undergo rigorous imprisonment for 1 year, six months and for life imprisonment respectively, with default stipulations, by the learned III Additional Sessions Judge, Raisen, District Raisen (MP) vide judgment dated 30.05.2014 passed in S.T. No.245/2011 [State of M.P. vs. Natthu @ Nathuram and others].

It is contended by the learned counsel for the appellants that omnibus allegations have been levelled against all the accused persons including the

present appellant. It is contended by the learned counsel that no individual overt act is attributed to the present appellant.

It is further contended by the learned counsel for the appellant that there are vague allegations to the effect that the present appellant along with other co- accused assaulted the deceased - Pooran Singh. It is contended that the present appellant has already suffered 9 years 11 months of incarceration, therefore, he deserves to be enlarged on bail.

Per contra, learned counsel for the State submits that taking into Signature Not Verified Signed by: AJAY KUMAR CHATURVEDI Signing time: 7/18/2023 2:46:23 PM

consideration the direct allegations levelled against the present appellant, he is not entitled for suspension of sentence and grant of bail. Therefore, the application deserves to be dismissed.

Considered the submissions and perused the records. A perusal of the record reflects that the appellant No.11 has already suffered 9 years 11 months of incarceration. A perusal of the impugned judgment reflects that the present appellant along with other accused persons inflicted injuries on the person of the deceased, on account of which he succumbed to the injuries and done to death. As per testimony the doctor, the injury No.1 was grievous in nature which ultimately resulted in death of the

deceased.

Therefore, at this stage without commenting on merit and taking into consideration the period of custody of the appellant coupled with the fact that final disposal of this appeal is likely to take time, this Court deems it proper to suspend the jail sentence of the appellant No.11 - Vishnu Prasad.

Accordingly, I.A. No.6415/2023 is allowed. The execution of jail sentence of the appellant No.11 is hereby suspended, subject to depositing of the fine amount, (if not already deposited). It is directed that the appellant No.11 - Vishnu Prasad be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty 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 on 12.12.2023 and also on such subsequent dates, as may be fixed by the trial Court in this regard during the pendency of this appeal.

The appeal has already been admitted for final hearing, so it be listed for

Signature Not Verified final hearing in due course.

Signed by: AJAY KUMAR CHATURVEDI Signing time: 7/18/2023 2:46:23 PM

C.C. as per rules.

                               (SHEEL NAGU)                 (MANINDER S. BHATTI)
                                   JUDGE                          JUDGE

                          ac




Signature Not Verified
Signed by: AJAY KUMAR
CHATURVEDI
Signing time: 7/18/2023
2:46:23 PM