Madhya Pradesh High Court
Shantanu @ Chhotu Brajpuriya vs The State Of Madhya Pradesh on 22 February, 2024
Author: Sujoy Paul
Bench: Sujoy Paul
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 15824 of 2023
(SHANTANU @ CHHOTU BRAJPURIYA Vs THE STATE OF MADHYA PRADESH)
Dated : 22-02-2024
Dr. Anuvad Shrivastava - Advocate for the appellant.
Shri Akhilendra Singh - Government Advocate for the State.
Heard on I.A. No.1731 of 2024, application under Section 389(1) of the
Cr.P.C for suspension of sentence and grant of bail to appellant - Shantanu @
Chhotu Brajpuriya arising out of judgment dated 06.12.2023 delivered in S.T.
No.83/2021 passed by A.S.J., Deori, District Sagar (MP).
The appellant - Shantanu @ Chhotu Brajpuriya has been convicted under
Sections 302/34 and 201 of the I.P.C. and sentenced to undergo R.I. for Life
Imprisonment with fine of Rs.2,000/- and R.I. for three years with fine of
Rs.1,000/- respectively, with default stipulations.
Learned counsel for the appellant submits that as per prosecution story
complainant Rakesh Lodhi (PW-2) lodged a report in Police Station Deori on
23.08.2021 that on 22.08.2021 at around 8.30 pm that he, Atul Patel and
Bhupendra Lodhi (deceased) went to take dinner in 'Pari' hotel. After about 15
minutes, Shubham Chaurasiya, Paltu Lodhi and Shankar Raikwar reached there
and started abusing Bhupendra Lodhi by using filthy language. Shantanu
Brajpuriya/appellant also reached the scene of crime. Shubham Chaurasiya took
a knife from the kitchen of the hotel and assaulted Bhupendra Lodhi at his
chest. Bhupendra Lodhi fell down and appellant also brought a knife from the
kitchen of hotel and assaulted Bhupendra Lodhi at left side of his stomach.
Dr. Anuvad Shrivastava submits that there are three eye witnesses to the
incident, namely Atul Patel (PW-1), Rakesh Lodhi (PW-2)/complainant and
Gopal (PW-8). Atul Patel (PW-1) in his categorical statement deposed that this
appellant was not present at the scene of crime and he has been falsely
arraigned. Gopal (PW-8) totally turned hostile, whereas Rakesh Lodhi (PW-2)
stated that Suraj and Neeraj Kori called appellant - Shantanu on telephone.
Thus, Shantanu was not present when Shubham Chaurasiya took the knife from
the kitchen. Suraj and Neeraj Kori, who allegedly called this appellant by phone
were acquitted by Court below. As per para 12 of the impugned judgment itself
the injury allegedly caused by the appellant in the stomach was a simple injury.
The necessary ingredients for attracting Section 34 are absent. No blood was
found in the FSL report on the knife allegedly recovered from the appellant.
Final hearing of this appeal is not possible in near future. Thus, remaining jail
sentence of the present appellant may be suspended.
Learned Government Counsel for the State opposed the prayer on the
basis of objection.
Considering the aforesaid factual backdrop and without expressing any
conclusive opinion on the merits of the case, we deem it proper to suspend the
remaining jail sentence of this appellant.
Accordingly, I.A. No.1731 of 2024 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 the appellant - Shantanu @ Chhotu Brajpuriya 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,
Deori, District Sagar on 30.04.2024 and also on such further 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
rj
