Madhya Pradesh High Court
Choteyveer vs The State Of Madhya Pradesh on 23 January, 2025
1 CRA-7333-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7333 of 2024
(CHOTEYVEER Vs THE STATE OF MADHYA PRADESH )
Dated : 23-01-2025
Shri Kapil Duggal - Advocate for appellant.
Smt. Ranjana Agnihotri - Government Advocate for State.
Appeal is admitted for the hearing.
Heard on I.A. No.16369/2024, which is the first application under
Section 389(1) of the Code of Criminal Procedure filed on behalf of
appellant for suspension of sentence and grant of bail.
This appeal is filed by the appellant being aggrieved of the judgment
dated 07.09.2022 passed by the learned Special Judge, SC & ST (POA) Act,
1989, District-Narmadapuram (M.P.) in SC No.200174/2007 whereby
appellant has been convicted for the offence punishable under Section 450 &
376 of Indian Penal Code and sentenced to undergo R.I. for 7 years with fine
of Rs.1,000/- and R.I. for 10 years with fine of Rs.2,000/- with default
stipulation.
Learned counsel for appellant has submitted that appellant has been
falsely implicated in the case. The victim has improved her statement and
stated that the appellant by putting Pistol/Katta/fire arm on pressure violated
her privacy and in the cross examination she has admitted in Para Nos.9 and
10 that there was a dispute and enmity between Diwan Sahab and appellant,
earlier appellant assaulted Diwan Sahab and on the advise of Diwan Sahab
victim and her family lodged the FIR against the appellant. Diwan Sahab
2 CRA-7333-2024
accompanied her in the Court also and told her and her family members that
how to narrate before the Court.
Learned counsel for appellant has also submitted that eye- witness
(PW-2) has stated in the cross examination that when he asked to victim,
who was running from her home then victim told him that it was appellant
Chhoteyveer. In the same way PW-3 has stated that all the family members
of appellant were harassing his family and victim and in Para 6 he has
admitted that the appellant was visiting to his home and he did not like when
appellant came to his home. He had made complaint to Raja Sahab that he
saw the appellant in his home and also stated that Diwan Sahab accompanied
them when they were going to lodge the report in Village - Sandiya.
Learned counsel for appellant has further submitted that appellant had
assaulted the younger brother of Diwan Sahab and on that Raja Sahab was
angry over the appellant. PW-4 in her cross-examination has stated that
Jagdeesh saw the incident. Learned counsel for appellant further submitted
that as per the MLC report no injury was found on the person of the appellant
and appellant has been falsely implicated in the case, hence, he prayed that
the appellant be released on bail and his jail sentence be suspended.
Learned counsel for State has submitted that victim has supported the
case of prosecution and her veracity has been uncontroverted and there is no
reason to falsely implicate the appellant as the appellant and victim are the
resident of same village. She has further submitted that on the minor
contradiction, the appellant cannot be given the benefit of suspension of
sentence, hence, prayed that his application be dismissed.
3 CRA-7333-2024
I have heard learned counsel for the parties and perused record of the
case.
Looking to the facts and circumstance of the case, without
commenting anything on the merits of the case, I deem it proper to suspend
the remaining jail sentence of appellant. Accordingly, I.A No.16369/2024
is allowed.
Subject to depositing the fine amount, if not already deposited, the
remaining jail sentence of the appellant- Choteyveer is allowed and it is
directed that he be released on bail on his furnishing a personal bond for 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 concerning trial Court on 06.05.2025 and also on such
other dates, as may be fixed by the trial Court in this regard during the
pendency of this appeal. The trial Court shall not fix two dates in a year for
his appearance till the final disposal of appeal.
List the matter for final hearing as per its turn and seniority.
Certified copy as per rules.
(DEVNARAYAN MISHRA)
JUDGE
DPS
