Jyoti @ Chinki vs The State Of Madhya Pradesh
2023 Latest Caselaw 9070 MP

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                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT INDORE
                                                           CRA No. 2202 of 2023
                                            (JYOTI @ CHINKI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-06-2023
                                  Shri Sanjay Kumar Sharma, learned counsel for the appellants.

                                  Shri Amit Rawal, Govt. Advocate for the respondent/State.

Heard on I.A.No.4879/2023, an application for urgent hearing stands disposed of.

Also heard on I.A.No.4878/2023, which is an application under Section

389(1) of Cr.P.C. for suspension of remaining jail sentence of appellant no.3 Chhotu.

Appellant No.3 Chhotu has been convicted under Section 324/34, 342/34 and 306/34 of IPC and sentenced to undergo 1 Year R.I., 1 Year R.I. and 5 Years R.I. with fine of Rs.1,000/-, Rs. 1000/ and Rs. 5,000/- with default stipulation vide judgment dated 03.02.2023 passed by Second Additional Sessions Judge, Ratlam.

Learned counsel for the appellant No.3 submits that the appellants No.1 and 2 caught hold the deceased and appellant No.3 has cut the hair. He felt

insulted and consumed some poisonous substance. He submits that there is no ingredients of Section 306 of IPC. In support of his contention, learned counsel for the appellant placed reliance on the judgment passed by Apex Court in case o f Arnab Manoranjan Goswami Vs. State of Maharashtra & Others, (2021) 2 SCC 427.

Government Advocate opposes the aforesaid application and prays for its rejection.

Heard both sides.

Signature Not Verified Signed by: VARSHA SINGH Signing time: 19-06-2023 18:46:26

Considering the facts and circumstances of the case and arguments advanced by learned counsel for the parties, I am of the considered opinion that the application for suspension of custodial sentence moved on behalf of both the appellant No.3 deserved to be allowed.

Accordingly, I.A.No.4878/2023, is allowed and it is directed that subject to depositing fine amount, if not already deposit and subject to furnishing personal bond by the appellant No.3 Chhotu in the sum of Rs.50,000/- (Rupees Fifty Thousands Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, the execution of custodial part of the jail sentence shall remain suspended, till the final disposal of this appeal.

The appellant No.3 Chhotu after being enlarged on bail, shall mark their presence before the Registry of this Court on 12/12/2023 and on all such subsequent dates as may be fixed by the Registry of this Court in this regard.

List for final hearing in due course.

Let record of the trial court be called for. Certified copy, as per rules.

(VIVEK RUSIA) JUDGE

VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 19-06-2023 18:46:26