Chandrashekhar @ Chandu vs The State Of Madhya Pradesh
2023 Latest Caselaw 19227 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 2380 of 2023
                                  (CHANDRASHEKHAR @ CHANDU Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 20-11-2023
                                 Shri Alok Nayak - Advocate for the appellant.

                                 Shri Arvind Singh - Government Advocate for the respondent/State.

Heard on I.A.No. 3530/2023, an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant.

The appellant has been convicted under Sections 498-A and 306 of IPC

and sentenced to undergo R.I. for 3 years with fine of Rs.1,000/-, R.I. for 7 years with fine of Rs.2000/- with default stipulations.

Learned counsel for the appellant after referring the testimonies of prosecution witnesses and testimony of defence witness and also relying upon judgment of M.P. High Court Bench Indore in Arjun Singh and others Vs. State of M.P., 2015 (1) MPHT 328 and Calcutta High Court in Gautam Paul and another Vs. State of West Bengal (Cr.A. No. 368/2007) submits that in the instant case from evidence on record, ingredients necessary to constitute offence under Sections 498-A and 306 of IPC are not made out.

There is no legal evidence to prove that appellant abated the deceased to commit suicide. No report against the appellant has been lodged by the deceased during her life time. The final hearing of this appeal is not possible in near future. Therefore, it has been prayed that remaining jail sentence of appellant may be suspended and he be released on bail.

The prayer is opposed by learned Panel Lawyer. Taking into consideration the over all evidence on record, including nature of evidence with respect to harassment by the appellant, coupled with the Signature Not Verified Signed by: ANUPRIYA SHARMA Signing time: 11/21/2023 1:31:14 PM

fact that hearing of this appeal is not possible in near future and without expressing any opinion on merits, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, aforesaid I.A is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant is hereby suspended and it is directed that the appellant 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 Chhindwara on 4.12.2023 and also on such other dates, as may be fixed by the trial court in this regard during

the pendency of this appeal.

List the case for final hearing in due course. C. c. as per rules.

(PRAMOD KUMAR AGRAWAL) JUDGE

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Signature Not Verified Signed by: ANUPRIYA SHARMA Signing time: 11/21/2023 1:31:14 PM