Madhya Pradesh High Court
Chotu vs The State Of Madhya Pradesh on 16 May, 2024
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5938 of 2022
(CHOTU Vs THE STATE OF MADHYA PRADESH)
Dated : 16-05-2024
Shri Aishwarya Sahu - Advocate for the appellant.
Shri Anshul Mishra - Panel Lawyer for the respondent/State.
Heard on I.A. No.2039/2024, this is repeated fourth application under
Section 389(1) of Cr.P.C for suspension of jail sentence and grant of bail to
appellant Chotu, pending the appeal.
His earlier three bail applications have been dismissed as withdrawn vide
order dated 01.09.2022 passed on I.A.No.13039/2022, order dated 22.02.2023
passed on I.A.No.23089/2022 and order dated 31.07.2023 passed on
I.A.No.13929/2023.
Appellant has been convicted for commission of offence under Sections
306 of IPC and has been sentenced to undergo R.I. for 5 Years & to pay fine
of Rs.1500/- with default stipulations vide judgment dated 30.04.2022, passed
in ST No.- 56/2019 (State of M.P. vs. Chotu) by 1st Additional Sessions
Judge, Itarsi, District Narmadapuram (M.P.).
Learned counsel for the appellant has submitted that appellant has been
erroneously convicted by the trial Court as it has not properly appreciated the
evidence of the prosecution witnesses. The conviction is based on the suicide
note drawn by the deceased before his death. It is submitted that requirement of
Section 107 of IPC are completely missing. Mere demand of own money from
the deceased by the accused cannot be considered as an abetment or instigation
to commit suicide. Appellant has already undergone 2 years and 1 month
incarceration. The maximum awarded sentence is 5 years. The appeal is of the
year 2022, therefore, it is prayed that appellant may be released on bail.
On the other hand, learned counsel for the respondent/State has opposed
the prayer for grant of bail to the appellant.
I have heard learned counsel for the parties and have gone through the
material available on record.
Awarded sentence is 5 years. Appellant has already undergone 2 years'
sentence. Therefore, having taken into consideration the incarceration period
already undergone by the appellant so far, submissions put forth by learned
counsel for the appellant and bleak possibilities of hearing of this appeal in near
future, I deem it proper to suspend the remaining jail sentence of the appellant,
pending the appeal. Consequently, I.A.No.2039/2024 is allowed.
It is directed that the execution of jail sentence of appellant - Chotu is
hereby suspended subject to depositing the entire fine amount, if not already
deposited. It is directed that the appellant be released on bail on his furnishing a
personal bond to a sum of Rs.50,000/- (Rupees Fifty 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 on 22.10.2024 and also on
such other dates, as may be fixed by that Court in this regard during the
pendency of this appeal.
List this case for final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
Jasleen
