Madhya Pradesh High Court
Sajjan Lal Kahar vs The State Of Madhya Pradesh on 22 May, 2024
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 12192 of 2023
(SAJJAN LAL KAHAR Vs THE STATE OF MADHYA PRADESH)
Dated : 22-05-2024
Shri Shivendra Pandey - Advocate for the appellant.
Shri Ajay Tamrakar - Panel Lawyer for the State.
Record from the Court below is received.
Appeal appears to be arguable; hence admitted for hearing.
Also heard on I.A No. 22804/2023, which is firs t application under
Section 389 of the Code of Criminal Procedure, 1973 for suspension of
sentence.
It is contended by the counsel for appellant that the present appellant has
been convicted by the Trial Court on the basis of suggestion put-forth to P.W.-
9 as well as PW-7. It is contended by the counsel that on the basis of the
suggestion which were given to aforesaid witnesses, the Court came to a
conclusion that the suggestion reveals that the deceased was made to climb on
the pole by the present applicant and as a result of electrocution he lost his life.
It is contended by the counsel that the Court was required to appreciate the
important aspect of the matter that it is the appellant who had taken the
deceased to the hospital which is evident from testimony of P.W.-8 Mahesh. It
is also contended by the counsel for the applicant that all the witnesses turned
hostile including P.W.-3 Vipin. The counsel also submits that if the testimony
of Pankaj Soni (PW-9) is examined carefully, the same would reveal that the
main line was to be disconnected if the present appellant is deputed to cure the
defect which was reported. However, the main line was not disconnected as a
result of which the accident took place. It is contended by the counsel that
apart from the case in question a case for compensation has also been filed by
the family Members of the deceased and they have received the amount of
compensation but the present appellant who has not committed by offence is
suffering incarceration.
Counsel for the State has opposed the prayer and submitted that the the
Court has discussed the testimony of PW 7 as well as 9 and after sifting the
evidence carefully the Court has rightly came to the conclusion that while
convicting the appellant. Hence, no case for suspension of sentence is made
out.
Having considered the submissions advanced on behalf of the parties,
paragraphs 15 as well as 16 of the judgment reflects that the suggestion put-
forth by the appellant to the P.W 7 and 9 ultimately made instrumental in
convicting the appellant. The question whether the main line was switched of
before the deceased climbed on the pole is a debatable issue in the present
case. The appellant is aged about 53 years and is in custody since 12.9.2023
and as of now has suffered incarceration of 8 moths. Therefore, this Court
deem it proper to allow this application. Accordingly I.A.No.22804/2023 is
allowed.
The execution of jail sentence of appellant Sajjan Lal Kahar is hereby
suspended subject to depositing of the 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 31.07.2024
and also on such other dates, as may be fixed by that Court in this regard
during the pendency of this appeal.
List the case for final hearing in due course as per listing policy.
Certified copy as per rules.
(MANINDER S. BHATTI)
JUDGE
VKT
