Dheeraj Singh Chouhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 4251 MP

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                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                 CRA No. 3689 of 2023
                                                   (DHEERAJ SINGH CHOUHAN Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 17-03-2023
                                           Ms. Alka Singh Baghel - Advocate for the appellant.

                                           Ms. Smita Kehri - Panel Lawyer for the respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on I.A No.5793/2023 which is an application under Section

389(1) of Cr.P.C for suspension of sentence moved on behalf of appellant.

The appellant has been convicted for offence punishable under Section 323 of IPC and sentenced to undergo imprisonment till rising of Court and fine of Rs.500/-, 3(2)(v-a) of SC/ST Act and sentenced to undergo imprisonment till rising of Court, under Section 3(1)(r) of SC/ST Act and sentenced to undergo RI for six months and fine of Rs.1000/- and under Section 3(2)(v-a) of SC/ST Act and sentenced to undergo RI for six months and fine of Rs.1000/- with default stipulations vide judgment dated 09.02.2023 passed in SCATR No. 05/2020 by Special Judge SC/ST (PoA) Act, Sidhi, District Sidhi.

Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the matter. The learned trial Court has erred in not appreciating the fact that there are material omissions and contradictions in the version of the prosecution witnesses. The jail sentence of the appellant has been suspended by the Trial Court till 22.03.2023 and during bail they did not misuse the liberty granted to them. It is further submitted that there is no Signature Not Verified SAN

likelihood of hearing of appeal in near future. Hence, counsel prayed that Digitally signed by AMITABH RANJAN Date: 2023.03.21 13:43:31 IST

application for suspension of sentence may be allowed.

Learned Panel Lawyer for the respondent/State on the other hand has opposed the application and prays for its rejection.

I n due consideration of the submissions made on behalf of the appellants, on perusal of the record and looking to the fact that the jail sentence of the appellants are already suspended, it would be appropriate to suspend the jail sentence of the appellants.

Accordingly, aforesaid I.A No.5793/2023 filed on behalf of appellant is allowed and it is directed that subject to deposit of fine amount if already not deposited and on furnishing personal bond by appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like

amount to the satisfaction of the learned trial Court, for his regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal.

T he appellants, after being enlarged on bail, shall mark their presence before the concerned trial Court on 03.07.2023 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

Let the record of the Court below be requisitioned. List in due course for final hearing.

Certified copy, as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

Amitabh

Signature Not Verified SAN

Digitally signed by AMITABH RANJAN Date: 2023.03.21 13:43:31 IST