Deepak vs The State Of Madhya Pradesh
2024 Latest Caselaw 27741 MP

Madhya Pradesh High Court

Deepak vs The State Of Madhya Pradesh on 3 October, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                              1                            CRA-5070-2018
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                      CRA No. 5070 of 2018
                                                (DEEPAK Vs THE STATE OF MADHYA PRADESH )



                           Dated : 03-10-2024
                                 Appellant Deepak Chouhan S/o Bagdiram Chouhan by Shri Avinash
                           Kumar Khare - Advocate.
                                 Respondent - State of Madhya Pradesh by Shri Kamal Kumar Tiwari -

Government Advocate appearing on behalf of Advocate General.

Heard on IA No.14129 of 2024 , a repeat (sixth) application under

Section 389 (1) of Code of Criminal Procedure, 1973 (herein after referred to as the Code) for suspension of remaining sentence and grant of bail filed on behalf of appellant Deepak Chouhan S/o Bagdiram Chouhan.

Vide judgment and order dated 26.06.2018 passed in Special Sessions Trial No.35 of 2017 by learned Special Judge [under SC / ST (Prevention of Atrocities) Act, 1989] and Additional Sessions Judge, Neemuch, District Neemuch (MP), this appellant has been convicted for the offence punishable under Sections 323, 324 and 302 of Indian Penal Code, 1908 and sentenced to undergo rigorous imprisonment for a period of six months with fine of Rs.

500/-, one year with fine of Rs.1,000/- and Life Imprisonment with fine of Rs.15,000/- respectively with further default stipulations.

As per prosecution story, appellant along with two other accused persons (acquitted) were consuming the liquor in front of house of Lalaram. They started abusing to each other in a filthy language. When it was objected, the appellant took out a knife and assaulted deceased as well as two

2 CRA-5070-2018 others. Bablu died in the incident. Accordingly, appellant has been convicted under Sections 302, 323 and 324 of IPC.

Vide order dated 16.12.2022 this Court has already rejected his earlier fifth suspension application (IA No.10376 of 2022) on merit.

Learned counsel for the appellant has vehemently argued that the injury caused by the knife is very minor in nature, but as per the Postmortem Report as well as statement of the doctor, Bablu @ Indersingh (deceased) died due to fracture of fifth and sixth ribs, because of which, his lung was ruptured and he died.

No case for suspension of jail sentence is made out. Accordingly, IA No.14129 of 2024 is hereby rejected. However, the appellant may renew his prayer after completion of actual ten years' of jail sentence.

                                     (VIVEK RUSIA)                            (BINOD KUMAR DWIVEDI)
                                         JUDGE                                        JUDGE


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