Madhya Pradesh High Court
Awadesh Chouhan @ Pappu vs The State Of Madhya Pradesh on 6 February, 2024
Author: Sujoy Paul
Bench: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4451 of 2022
(AWADESH CHOUHAN @ PAPPU Vs THE STATE OF MADHYA PRADESH)
Dated : 06-02-2024
Shri Siddharth Datt - Advocate for the appellant.
Shri A.N. Gupta - Government Advocate for the respondent-State of
M.P.
Heard on I.A. No.4221 of 2023 application under Section 389(1) of the
Cr.P.C for suspension of sentence and grant of bail to appellant-Awadesh
Chouhan @ Pappu arising out of judgment dated 29.03.2022 delivered in S.T.
No.25/2017 by Additional Sessions Judge, Budhni, District Sehore, M.P.
The appellant has been convicted and sentenced for the offence
punishable under Section 396 of IPC and sentenced to undergo Life
Imprisonment with fine of Rs.2000/-, under Section 460 of IPC to undergo R.I.
for fourteen years with fine of Rs.2000/- and under Section 395, r/w Section
397 of IPC to undergo R.I. for ten years with fine of Rs.2000/- with default
stipulation.
Learned counsel for the appellant submits that as per prosecution story
on 15.9.2015 certain accused persons entered the State Bank of India, Baktara
and murdered the Guard- Nahar Singh. The appellant alongwith other accused
persons was held guilty.
By taking this court to Para-38 and 39 of the impugned judgment, Shri
Datt, learned counsel for the appellant submits that only discussion about the
role of the present appellant is mentioned in these paragraphs. As per the case
of prosecution two pairs of gloves (red colour) were recovered from an open
space through Ex. P-30. By placing reliance on the statement of PW-14 (I.O.),
it is submitted that he clearly admitted that these gloves were recovered from
an open space. The memorandum of co- accused can not be used to connected
the present appellant with commission of crime when there is no legal evidence
to connected the appellant. There is no iota of evidence submits learned
counsel for the appellant so far present appellant is concerned. The appellant
was held guilty on the basis of surmises and conjectures.
The prayer is opposed by learned learned Govenrment Counsel on the
basis of objection. The specific overt act and the evidence in relation thereto
could not be pointed out by learned counsel for the State.
Considering the aforesaid factual backdrop and bleak 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.
Accordingly, I.A. No.4221 of 2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of this appellant is hereby suspended and it is directed
that appellant -Awadesh Chouhan @ Pappu 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,
Budhni district Sehore 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
bks
