Sunil Baretha @ Ghantole vs The State Of Madhya Pradesh
2023 Latest Caselaw 8768 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRA No. 2978 of 2023
                                 (SUNIL BARETHA @ GHANTOLE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-06-2023
                                Shri Deependra Singh Kushwah, learned Counsel for the appellants.

                                Ms. Kalpana Parmar, learned Counsel for the respondent- State.

Heard on IA 4251 of 2023 and IA 6614 of 2023, applications u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants No.4, 2 and 3.

Vide judgment dated 14-02-2023 passed by learned Third Additional

Sessions Judge, Bhind in Sessions Trial No.1400392 of 2015, aforesaid appellants have been convicted under Section 306 of IPC and sentenced to undergo seven years RI with fine of Rs.2,000/- with default stipulation.

Allegation against appellants is that of committing offence of abatement of suicide.

It is submitted by counsel for the appellants that the trial Court has committed an error in convicting and sentencing the appellants for alleged offence. The ingredients of committing abatement to deceased to commit suicide are lacking in present case at hand. The prosecution has utterly failed to

prove its case beyond all reasonable doubt, therefore, the impugned judgment of conviction and order of sentence passed by trial Court deserves to be set aside and the appellants deserve acquittal. It is further submitted that appellant no.1 remained in custody for a period of 24 days, appellant no.2 remained custody for a period of 09 days, appellant no.3 remained in custody for seven days and appellant no.4 remained in custody for a period of 56 days during trial and from the date of judgment, all of them are in judicial custody. Fine amount Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/15/2023 11:39:43 AM

has already been deposited. Hence, prayed for suspension of jail sentence and grant of bail.

O n the contrary, counsel for State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, both IAs allowed. It is therefore, directed that if appellants deposit the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one solvent surety of like amount to the satisfaction of concerned Trial Court for appearance

before the Principal Registrar of this Court on 6th November, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to them shall remain suspended till further orders and they hall be released on bail.

IAs are allowed and disposed of.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/15/2023 11:39:43 AM