Mahesh Chouhan vs The State Of Madhya Pradesh
2025 Latest Caselaw 4979 MP

Madhya Pradesh High Court

Mahesh Chouhan vs The State Of Madhya Pradesh on 1 March, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

                                                             1                                CRA-3880-2020
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                      CRA No. 3880 of 2020
                                           (MAHESH CHOUHAN Vs THE STATE OF MADHYA PRADESH )



                           Dated : 01-03-2025
                                 Shri Vivek Singh - learned Senior Advocate for the appellant
                           alongwith Shri Rajesh Yadav, learned counsel for the appellant.
                                 Shri Sudeep Bhargava - Dy. Advocate General for the
                           respondent/State.

I.A No.8270/2024 an application for urgent hearing is allowed and

disposed off.

1. Heard on I.A No.8268/2024 which is IIIrd application under Section 389 of the Cr.P.C,1973 filed on behalf of the appellant for grant of bail and suspension of remaining jail sentence. Earlier applications were rejected vide order dated 12.04.2022 and 14.07.2023. Now, this present application has been filed.

2. Appellant has been convicted vide judgment dated 14.02.2020 passed in SPL Case No.70/2018 by Special Judge, SC/ST (P.O.A), Ujjain under Section 302/34 of IPC and sentenced to R.I for life with fine of

Rs.2,000/-, Section 201 of the IPC and sentenced to 03 years R.I with fine of Rs.1,000/- and Section 506 Part-II of the IPC and sentenced to 03 years R.I with fine of Rs.1,000/- alongwith default stipulations respectively.

We have heard learned counsel for the parties and perused the record.

3. The allegation against the present appellant appears that he assisted in disposing off the dead body of Nitya. Wife (PW-10) of the deceased made

2 CRA-3880-2020 an allegation against Jitendra that he had an evil eye on her and Nitya used to object him. She has not made any allegation against the appellant who was working as labourer in the field of Jitendra. He was last seen with Jitendra and not with the appellant. The appellant has completed 07 years in jail incarceration and this appeal is not likely to be heard as Jitendra Patel @ Vinod is remaining absconding during the parole period.

4. Considering all the facts and circumstances of the case and without commenting on merits of the case, we deem it proper to suspend the remaining custodial sentence of the appellant.

7. Accordingly, I.A.No.8268/2024 is allowed and the execution of remaining jail sentence of the appellant is hereby suspended till the final disposal of this appeal. It is directed that the appellant be released on bail

subject to depositing the fine amount, if not already deposited and upon furnishing a personal bond in the 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 Registry of this Court on 23.06.2025 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

List for final hearing in due course.

Certified copy, as per rules.

                                      (VIVEK RUSIA)                             (GAJENDRA SINGH)
                                          JUDGE                                      JUDGE
                           akanksha