Madhya Pradesh High Court
Deepak @ Chhotu Kori vs The State Of Madhya Pradesh on 14 October, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-1554-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1554 of 2023
(DEEPAK @ CHHOTU KORI AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 14-10-2024
Shri G.S. Pandey - Advocate for appellant No.2.
Shri Manas Mani Verma - Government Advocate for
respondent/State.
Shri Somnath Kori - Advocate for objector.
Heard on I.A. No.7607/2024, which is the third application under
Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to
appellant No.2-Santosh @ Fundi s/o Suresh Kori. Earlier two applications
were dismissed as withdrawn vide order dated 14.03.2023 and 27.02.2024
respectively.
The appellant is aggrieved of the judgment dated 20.01.2023 passed by
learned Additional Sessions Judge, Special Court No.8 (Electrical Act),
District-Jabalpur (M.P.) in S.T. No.96/2021, whereby the appellant has been
convicted for offence punishable under Sections 302/34 of IPC and
sentenced to undergo R.I. for life with the fine of Rs.2,000/- and Section 324
of IPC and sentenced to undergo R.I. for one year with the fine of Rs.5,00/-
with default stipulations.
It is submitted by learned counsel for the appellant No.2 that deceased
is Rajkumar and Rajkumar was attacked with a Katta by co-accused Deepak
@ Chhotu Kori as a result of which he died, this fact is proved by Dr. P.N.
Dixit (PW-12) who conducted the postmortem on Rajkumar. Allegation on
2 CRA-1554-2023
the present appellant is of causing a injury with a lathi on the head of
Bhawani Kori @ Rohit (PW-2). There was neither any common intention nor
any motive to cause death of Rajkumar. At the spur of movement Deepak
had taken out a Katta and had fired on Rajkumar who was intervening in the
matter. It is submitted that appellant No.2 Santosh @ Fundi is innocent. He is
already in custody from 16.11.2020 to 03.07.2021 and since the date of
judgment i.e. 20.01.2023 to till today. At the best he will be convicted under
Section 325 of the IPC. Hence, prayer is made to suspend the remaining jail
sentence of the appellant No.2 and to release him on bail.
Shri Manas Mani Verma, learned Government Advocate for the State
opposes the prayer.
Shri Somnath Kori, learned counsel for objector submits that during
the trial when appellant No.2 Santosh @ Fundi was on bail he had tried to
engage the objector with a view to enter into a compromise.
After hearing learned counsel for the parties and going through the
record, without commenting on the merits of the case, we are of the
considered opinion that this is a fit case to suspend the remaining jail
sentence of the appellant No.2 and to release him on bail.
It is directed that on depositing the fine amount, if not already
deposited and on furnishing a personal bond to the tune of Rs.50,000/-
(Rupees Fifty Thousand Only) with two solvent sureties of the like amount
to the satisfaction of the Trial Court for his appearance before the Trial Court
on 20.12.2024 and such other dates as may be fixed by the Trial Court, the
execution of remaining part of the jail sentence imposed upon appellant shall
3 CRA-1554-2023
remain suspended and he shall be released on bail till final disposal of this
appeal.
I.A. No.7607/2024 is allowed and disposed of.
Certified copy as per rules.
(VIVEK AGARWAL) (DEVNARAYAN MISHRA)
JUDGE JUDGE
DPS
