Chatarlal @ Chalar vs The State Of Madhya Pradesh
2023 Latest Caselaw 17114 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                           AT INDORE
                             CRA No. 1151 of 2014
           (CHATARLAL @ CHALAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 13-10-2023
      Ms. Sharmila Sharma, learned counsel for appellant No.1.

      Shri Sudhanshu Vyas, learned Panel Lawyer for the respondent / State.

Ms. Darshan Arora, learned counsel for the objector.

Heard on I.A. No.13807/2023, which is a repeat (fifth) application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of jail

sentence and grant of bail filed on behalf of appellant No.1 - Chatarlal @ Chalar S/o Dulichand Jatav.

The present appellant has been convicted for the offence punishable under Section 302/34 of the Indian Penal Code & Section 25(1-B)(B) of the Arms Act and sentenced to under Life Imprisonment along with fine of Rs.10,000/- and 03 years' rigorous imprisonment along with fine of Rs.2,000/- with default stipulation.

As per the statement of Sonam (P.W-1) and Vicky (P.W-2), the allegation against this appellant is that he was armed with knife and inflicted stab

injury to deceased - Golu.

Learned counsel for the appellant submits that despite assailing the finding recorded by the trial in the judgment on merit, she rests her argument to the extent that appellant has undergone more than 10 years of actual sentence. She further submits that even otherwise, this is an appeal of 2014 and yet could not come up for final hearing. Hence, remaining jail sentence of this appellant may be suspended.

Learned Panel Lawyer for the respondent / State opposes the application.

Considering the facts and circumstances of the case and especially the fact that the appellant has undergone more than 10 years of actual sentence, we deem it proper to suspend the remaining jail sentence of this appellant. Accordingly, I.A. No.13807/2023 stands allowed.

The execution of remaining jail sentence of appellant No.1 - Chatarlal @ Chalar is hereby suspended and it is ordered that this appellant be released on bail upon his furnishing his personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to deposing the fine amount (if not already deposited) with a further direction to appear before the Registry of this

Court on 18.12.2023 and also on such other dates, as may be fixed by the registry of this Court in this regard during the pendency of the appeal.

I.A. No.13809/2023, an application for urgent hearing also stands disposed of.

Certified copy, as per Rules.

       (VIVEK RUSIA)                                                 (PRANAY VERMA)
           JUDGE                                                         JUDGE

Ravi
Digitally signed by RAVI PRAKASH
Date: 2023.10.13 17:49:10 +05'30'