Madhya Pradesh High Court
Sunil Baretha @ Ghantole vs The State Of Madhya Pradesh on 22 June, 2023
Author: Deepak Kumar Agarwal
1
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 : 22-06-2023
Ms. Deepa Chauhan - Advocate for petitioner No.1.
Mr. Rajendra Singh Yadav - Public Prosecutor for the
respondent/State.
Heard on IA 10913 of 2023, application u/Sec. 389(1) of Cr.P.C. for
suspension of sentence and grant of bail filed on behalf of appellant No.1 -
Sunil Baretha @ Ghantole.
Vid e judgment dated 14-02-2023 passed by learned IInd Additional
Sessions Judge, Bhind in Sessions Trial No.1400392 of 2015, aforesaid
appellant has been convicted under Section 306 of IPC and sentenced to
undergo seven years RI with fine of Rs.2,000/- with default stipulations.
Allegation against appellant is that of committing offence of abatement of
suicide.
I t is submitted by counsel for the appellant that the trial Court has
committed an error in convicting and sentencing the appellant 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 appellant deserve acquittal. It is further submitted that appellant
no.1 remained in custody for a period of 24 days during trial and from the date
of judgment, he is in judicial custody. Fine amount has already been deposited.
Co-accused Ahirwaran, Ramkishan and Ramveer have already been enlarged on
suspension of sentence awarded to them by this Court vide order dated
14.06.2023 passed in CRA No. 2978/2023. Hence, on the ground of parity to
the co-accused persons he 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, IA is
allowed. It is therefore, directed that if appellant 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 him shall remain suspended till further orders and he
shall be released on bail.
IA is allowed and disposed of.
C.c. as per rules.
(DEEPAK KUMAR AGARWAL)
JUDGE
Digitally signed by RAHUL SINGH PARIHAR
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH
RAHUL SINGH
GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474001, st=Madhya Pradesh,
rahul 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676
d0cde4dee473fe77953f5,
PARIHAR
pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D
487,
serialNumber=0275C4F803F94C47998BE5C534E21BDED910F
D4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH
PARIHAR
Date: 2023.06.23 14:45:04 +05'30'
