Chela @ Subhash vs The State Of Madhya Pradesh
2023 Latest Caselaw 9712 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                            CRA No. 4356 of 2021
            (CHELA @ SUBHASH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 27-06-2023
      Shri Vivek Agrawal- Advocate for the appellant.

      Shri A.N. Gupta - Government Advocate for the respondent / State.

Heard on IA No. 11815/2022- an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant No.1- Chela @ Subhash arising out of judgment dated 19.07.2021

delivered in S.T. No.100171/2015 by 7th Additional Sessions Judge, Katni.

T h e appellant has been convicted under Section 376 of IPC and sentenced to undergo R.I. for life imprisonment with fine of Rs.5000/-, Section 306 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs. 5,000/- and Section 312 of IPC and sentenced to undergo R.I. for 3 year with fine of Rs. 1000/- with default stipulations.

Learned counsel for the appellant submits that appellant is in custody since 11.07.2015. As per prosecution story, the appellant once sexually assaulted the deceased. The incident of such assault had taken place few

months before the date, victim had committed suicide. By taking this Court to the suicide note Article -A, Shri Vivek Agrawal, Advocate submits that a careful reading of the averments nowhere brings alleged overt act of the appellant within the ambit of Section 306 of IPC. The necessary ingredients for attracting said provision are missing. He laid emphasize on opening lines of the suicide note wherein the victim stated that incident had taken place 5-6 months before the date suicide note was reduced and writing. Thus, there was no such instigation or ingredient on the strength of which section 306 of IPC can be

pressed into service. The final hearing of this appeal is not possible in near future, thus, the remaining jail sentence of the appellant No. 1 may be suspended.

The prayer is opposed by learned State counsel.

Considering the aforesaid factual backdrop, in custody period, coupled with the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of the appellant No.1.

Accordingly, aforesaid IA is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant No. 1- Chela @ Subhash is hereby

suspended and it is directed that the appellant No. 1 be released on bail on his furnishing a personal bond for 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 concerning trial court Katni on 3.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C c as per rules.

           (SUJOY PAUL)                                     (ACHAL KUMAR PALIWAL)
              JUDGE                                                 JUDGE

      L.R.
Digitally signed by LALIT
SINGH RANA
Date: 2023.06.28
11:05:50 +05'30'