Madhya Pradesh High Court
Golu @ Arun Chodhary vs The State Of Madhya Pradesh on 4 May, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4735 of 2023
(GOLU @ ARUN CHODHARY Vs THE STATE OF MADHYA PRADESH)
Dated : 04-05-2023
Shri A.S.Tomar- Advocate for the appellant.
Shri Vinay Sharma- Panel Lawyer for the respondent/State.
Heard on admission.
The appeal is admitted for hearing.
Heard on IA No.7433/2023 which is an application for suspension of
sentence and grant of bail to the appellant.
The present appeal has been filed by the appellant being aggrieved by the
judgment and conviction dated 17.02.2023 passed by the learned IIIrd
Additional Session Judge, Sehora, District- Jabalpur wherein the learned trial
Court has tried and convicted the appellant for an offence under Section 307/34
of IPC and sentenced to suffer rigorous imprisonment of five years and fine of
Rs.2,000/-, in default payment of fine, three months additional rigorous
imprisonment.
Learned counsel for the appellant submits that the appellant is a young
boy aged 21 years and no previous criminal records are mentioned in the
impugned judgment. Doctor Shri Ashok Kumar Jain (PW-12), in his cross-
examination, has specifically admitted that the injuries were not sufficient to
cause death. The learned trial Court did not appreciate the MLC and medical
evidence in proper perspective. There are discrepancies and inconsistencies in
the evidence of prosecution witness. The appellant has undergone 25 months of
judicial custody.
Learned counsel for the appellant further submits that trial Court has not
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 5/4/2023
6:51:22 PM
properly appreciated the oral and documentary evidence available on record.
Final disposal of the appeal would take considerable time. Hence, prayer has
been made to suspend the jail sentence imposed upon the appellant.
Learned Panel Lawyer for the respondent/State opposed the suspension
of sentence and grant of bail.
Looking to the period of sentence already undergone by the appellant and
the possibility that hearing of appeal may take considerable time, this Court is
inclined to allow IA No.7433/2023 and suspend the remaining part of the
sentence imposed upon the appellant and it is hereby directed that the appellant-
Golu @ Arun Choudhary be released on bail upon his furnishing a personal
bond of Rs. 1,00,000/-(Rupees One Lakh only) with one solvent surety in
the like amount to the satisfaction of the learned trial court with a further
direction to appear before the trial Court, Sehora District- Jabalpur on
12.07.2023 and thereafter on such other dates as may be fixed by the trial
Court in this regard during the pendency of this appeal. The appellant shall
deposit the fine, if not deposited earlier, thereafter, the sentence of
imprisonment shall remain suspended till final adjudication of this appeal.
C.C as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
rk.
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 5/4/2023
6:51:22 PM
