Kharak Singh Choudhary vs The State Of Madhya Pradesh
2025 Latest Caselaw 3993 MP

Madhya Pradesh High Court

Kharak Singh Choudhary vs The State Of Madhya Pradesh on 4 February, 2025

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                             1                               CRA-4418-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 4418 of 2024
                                  (KHARAK SINGH CHOUDHARY AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 04-02-2025
                                 Ms. Neelima Giri Goswami - Advocate for the appellants.
                                 Shri A. N. Gupta - Government Advocate for respondent/State.

Shri Deepak Sahu - Advocate for objector.

Heard on I.A. No.16438/2024, which is first application under Section 389(1) of the Code of Criminal Procedure, 1973 filed on behalf of appellant

No.1 - Kharak Singh Chaudhary, S/o Heeralal Chaudhary and appellant No.2 - Jalam Singh Chaudhary, S/o Vishnu Prasad Chaudhary.

This appeal is filed being aggrieved of the judgment dated 19.03.2024 passed by learned 4th Additional Sessions Judge, Distt. Narsinghpur (M.P.) in S.T. No.135/2023 whereby the appellants have been convicted for the offence punishable under Section 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs.2,000/-, with default stipulation.

Learned counsel for appellants submits that appellants are innocent and they have been falsely implicated in the matter. The only testimony of so

called eye witnesses is that of Rohit Singh (PW-1), but his statements under Section 161 of Cr.P.C. have not been exhibited. They are available on record and there are material contradictions in his statements vis-a-vis report of the doctor (PW-14), who had stated that death had occurred due to electrocution. Hence, prayer is made to suspend the jail sentence of the appellants and release them on bail.

2 CRA-4418-2024 Learned Public Prosecutor for respondent/State as well as learned counsel for objector have vehemently opposed the prayer for suspension of sentence and grant of bail.

Taking these facts into consideration and there are good chances of success in appeal, without commenting any opinion on the merits of the case, this Court is of the view that it is a fit case for suspension of sentence in favour of the appellants.

Accordingly, I.A. No.16438/2024 is allowed.

It is directed that on depositing of fine amount, if not already deposited and on furnishing personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each in the like amount to the

satisfaction of the Trial Court for their appearance before the Trial Court concerned on 27.03.2025 and on such other dates as may be fixed by the Trial Court from time to time, the execution of remaining part of the jail sentence imposed upon appellants shall remain suspended and they be released on bail till final disposal of this appeal.

List for final hearing in due course.

Certified copy as per rules.

                                 (VIVEK AGARWAL)                                  (ANURADHA SHUKLA)
                                      JUDGE                                             JUDGE
                           pnm