Madhya Pradesh High Court
Chotelal Sahu vs The State Of Madhya Pradesh on 11 June, 2024
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
1 CRA-6521-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6521 of 2024
(CHOTELAL SAHU Vs THE STATE OF MADHYA PRADESH)
Dated : 11-06-2024
Shri Monesh Sahu - Advocate for the appellant.
Shri G.S. Thakur - Government Advocate for the State.
Heard on I.A. No.13373/2024, first application under Section 389 (1) of
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of sole
appellant.
This appeal under Section 374(2) of Cr.P.C. has been preferred against
t h e judgment dated 22/05/2024 passed by Special Judge, (Electricity Act),
Katni, District Katni (M.P.) in SC ELE No.4/2019, whereby the appellant has
been convicted under Section 304-A of IPC and sentenced to undergo R.I. for
two years with fine of Rs.5,000/- with default stipulation.
Allegations against the appellant, in short, is that applicant took illegal
electric connection from electric pole to his field and on 31/07/2019 at about
10:30 A.M. when deceased Bakhtu Kumahar and Ram Bihari were crossing
from the appellant's field, they came into contact with the electric line and due
to electric shock they died on the spot. On the basis of aforesaid, crime has
been registered against the appellant under the aforementioned offences.
Appellant was arrested and after investigation, charge-sheet was submitted.
Thereafter, trial was conducted and appellant was convicted.
Learned counsel for the appellant submits that appellant has been falsely
implicated in this case. Appellant has been wrongly convicted by the learned
trial Court. The jail sentence of the appellant has already been suspended by the
trial Court till 20/06/2024. Appellant is the permanent resident of District- Katni
Signature Not Verified
Signed by: ANAND KRISHNA
SEN
Signing time: 6/13/2024
12:46:37 PM
2 CRA-6521-2024
(M.P.) and there are fair chances of success of this appeal. The appeal is of the
year 2024 which may take long time for its conclusion and the appellant cannot
be kept in custody for an unlimited period. Under these circumstances, the
execution of sentence be suspended and the appellant be released on bail.
On the other hand, learned counsel for the respondent/State opposed the
bail application and prayed for rejection of this application.
Keeping in view of the aforesaid submissions of learned counsel for the
parties and the fact that an early hearing of this case is not possible, I.A.
No.13373/2024 is allowed.
I t is, therefore, directed that if appellant shall deposit the entire fine
amount, if not already deposited, and furnish 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 trial Court for his appearance before the
Registry of this Court on 09.09.2024 and on such subsequent dates as may be
fixed in this regard, sentence of imprisonment awarded to him, shall remain
suspended till further orders and appellant shall be released on bail.
A copy of this order be sent to the trial Court concerned for necessary
compliance.
Certified copy as per rules/directions.
(MILIND RAMESH PHADKE)
V. JUDGE
aks
