Anil @ Kallu Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 4081 MP

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                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                    CRA No. 2964 of 2023
                                                       (ANIL @ KALLU TIWARI Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 15-03-2023
                                          Mr. Sanjay Patel - learned counsel for the appellant.

                                          Mr. Ashish Kurmi - learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

The appeal is admitted for hearing.

Heard on I.A. No. 4617 of 2023, which is first application filed by the

appellant under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.

The appellant has been convicted by the impugned judgment passed by the trial Court for offence punishable under Sections 306 of the Indian Penal Code and sentenced to undergo R.I. for 4 years with fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has not appreciated the evidence on record in proper perspective and hence arrived at erroneous findings. There are material contradiction and omission in the testimonies of the witnesses. It is further contended that from perusal of the suicide note (Exhibit P-13) itself, offence under Section 306 is not made out. It is also submitted that the

appellant is in custody and the final disposal of this appeal would take considerable time, therefore, the jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer for the State has opposed the application for suspension of sentence and grant of bail.

I have heard learned counsel for the parties and perused the record. From perusal of suicide note it appears that the deceased committed suicide because of fear. Signature Not Verified SAN

Contention of counsel for the appellant is that, the deceased adopted an escapist view Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.03.17 14:42:24 IST and could have taken recourse to alternative remedy by approaching police or other

legal forum. Disposal of present appeal would take considerable time. Hence, in the facts and circumstances of the case as well as taking into account the material available on record and custody period of the appellant, without commenting on merits of the case, I deem it appropriate to suspend the jail sentence of the appellant - Anil alias Kallu Tiwari and to release him on bail. Therefore, without commenting on the merits of the case, this application is allowed.

It is directed that execution of remaining jail sentence of the appellant - Anil alias Kallu Tiwari shall remain suspended and he shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with a surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the concerned trial Court on 16.08.2023 and on such other dates as

may be fixed in this regard during pendency of this appeal.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.03.17 14:42:24 IST