Chainu vs The State Of Madhya Pradesh
2024 Latest Caselaw 3305 MP

Madhya Pradesh High Court

Chainu vs The State Of Madhya Pradesh on 5 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 1917 of 2013
                                          (CHAINU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 05-02-2024
                                 Shri S.K. Gangrade - Advocate for the appellant no.1 - Chainu.

                                 Shri Yogesh Dhande - Government Advocate for the respondent-State of

M.P.

Heard on I.A. No.18056 of 2023 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant no.1 -

Chainu arising out of judgment dated 22.07.2013 delivered in S.T. No.175 of 2011 passed by Additional Sessions Judge, Betul, M.P. The appellant no.1 has been convicted and sentenced for the offence punishable under Section 148 of IPC and sentenced to undergo R.I. for one year with fine of Rs.200/-, under 302/149 of IPC to undergo Life Imprisonment with fine of Rs.500/- and under Section 323, r/w Section 149 of IPC to undergo R.I. six months with default stipulations.

Learned counsel for the appellant no.1 at the outset urged that no previous application has been decided on merits. Even if custody is counted

from the date of impugned judgment, i.e. 22.7.2013, the appellant no. 1 remained in actual custody for more than ten years, six months. The incident had taken place suddenly. PW-1 deposed that the appellant no.1 caused injuries on deceased, Lalman by means of a lathi on his head which became reason of his death. However, the medical evidence and postmortem report, Ex. P-28 makes it clear that there was no corresponding head injury on the person of deceased. Thus, the appellant no. 1 has been falsely arraigned. Considering the period of custody and bleak chances of final hearing of this appeal in near

future, the remaining jail sentence of appellant no. 1 may be suspended.

The prayer is opposed by learned Govenrment Counsel on the basis of objection.

Considering the aforesaid factual backdrop, period of custody and little chances of final hearing in near future, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant no.1.

Accordingly, I.A. No.18056 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant no.1 is hereby suspended and it is

directed that appellant no.1 - Chainu be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty 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 trial Court, Betul o n 1st April 2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per Rules.

                                (SUJOY PAUL)                                               (VIVEK JAIN)
                                   JUDGE                                                      JUDGE

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