Chandan Solanki vs The State Of Madhya Pradesh
2024 Latest Caselaw 21460 MP

Madhya Pradesh High Court

Chandan Solanki vs The State Of Madhya Pradesh on 7 August, 2024

                                                              1                                 CRA-9080-2024
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                       CRA No. 9080 of 2024
                                            (CHANDAN SOLANKI Vs THE STATE OF MADHYA PRADESH )



                           Dated : 07-08-2024
                                 Appellant by Shri Vijay Sharma - Advocate.
                                 Respondent - State of Madhya Pradesh by Shri Jayesh Yadav -

Government Advocate appearing on behalf of the Advocate General.

Heard on IA No.12687 of 2024 , first application under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 389 (1) of Code

of Criminal Procedure, 1973 for suspension of remaining jail sentence and grant of bail to appellant Chandan Solanki S/o Daulat Solanki, arising out of judgment dated 26.07.2024 passed in Session Trial No.38 of 2021 by learned Tenth Additional Sessions Judge Ujjain, District Ujjain (MP).

The appellant stands convicted by the learned trial Court under Sections 307 and 323 read with Section 323/34 of Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for three years with fine of Rs.5,000/- and three months with fine of Rs.500/- along with default stipulation.

Learned counsel for the appellant, while taking exception to this impugned judgment of conviction and sentence, submits that appellant is innocent and he has been falsely implicated in this matter. It is further submitted that during trial, the appellant was in jail from 01.03.2021 to 04.06.2021 i.e. for a period of ninety five days; and thereafter he was on bail and has not misused the liberty. He has no criminal antecedents. He is a

2 CRA-9080-2024 young man of 22 years. The evidence has not been appreciated in right perspective. The appellant has fair chances of success in this appeal. There is no possibility of final hearing in near future and the sentence has already been suspended by the learned trial Court up to 26.08.2024. On these grounds, learned counsel prays for suspension of jail sentence and grant of bail to the appellant during pendency of this appeal.

Per contra, learned counsel appearing on behalf of respondent / State

supported the judgment and submits that no exception can be taken in the

matter of suspension of sentence and grant of bail, regard being had to the nature and the gravity of offence found proved against the present appellant. Hence, he is not entitled to grant benefit of suspension of sentence.

Heard learned counsel for the parties and perused the record with due care.

In the aforesaid factual backdrop, all the facts and circumstances of the case and coupled with the fact that final hearing of this appeal is near future is not possible, this Court, without commenting anything on merit of the case, is of the opinion that the appellant deserves suspension of his sentence and grant of bail.

Accordingly, IA No.12687 of 2024 is allowed and it is directed that subject to deposit of fine amount (if not already deposited) and furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the

3 CRA-9080-2024 appellant shall remain suspended and he be released on bail, till final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 11.09.2024 and on all such subsequent dates, which are fixed by the Registry in this behalf.

Accordingly, IA stands disposed off.

Let the record of the case from the concerned trial Court be requisitioned.

Certified copy as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

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