Citation : 2023 Latest Caselaw 7330 MP
Judgement Date : 4 May, 2023
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2063 of 2013 (VIRJU CHUDHARY Vs THE STATE OF MADHYA PRADESH)
Dated : 04-05-2023 Shri Ashok Kumar Gupta, learned counsel for the appellant.
Shri Pramod Kumar Pandey, Government Advocate for the State.
Heard on I.A. No.3240/2023, which is fifth application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to the appellant, Virju Choudhari.
The appellant has been convicted under Sections 302 and 498-A I.P.C and has been sentenced to undergo R.I. for life and three years and fine of Rs.500/- and Rs.500/- respectively with default stipulation by Additional Session Judge, Maihar, District Satna vide judgment dated 5.8.2013 passed in Session Trial No. 26/2013.
The prosecution story held established by the trial court appears to be that the petitioner in a state of intoxication and in fit of raze set his wife, the deceased on fire as a result of which wife succumbed to the burn injuries.
Be that as it may, during the course of argument it is informed and this
fact has been verified from the jail authorities that appellant has completed more than 10 years and seven month in custody as against the life sentence inflicted.
Without entering into the merits of the matter, this Court for the reason that there is no hope of this appeal coming up for hearing in near future, enlarges the appellant on bail.
Accordingly, I.A.No. 3240/2023 is allowed. The execution of jail sentence of appellant- Virju Choudhary is hereby suspended subject to Signature Not Verified Signed by: MRS PREETI TIWARI Signing time: 5/6/2023 5:50:11 PM
depositing of the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 03.07.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.
List the case for final hearing in due course as per listing policy. Certified copy as per rules.
(SHEEL NAGU) (HIRDESH)
JUDGE JUDGE
P/-
Signature Not Verified
Signed by: MRS PREETI
TIWARI
Signing time: 5/6/2023
5:50:11 PM
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