Madhya Pradesh High Court
Sonu Alias Vinod Mahoriya vs The State Of Madhya Pradesh on 22 March, 2025
Author: Anuradha Shukla
Bench: Anuradha Shukla
1 CRA-14192-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 14192 of 2024
(SONU ALIAS VINOD MAHORIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 22-03-2025
Shri Chimanlal Sethi - Advocate for appellant.
Shri Satya Pal Chadar - Government Advocate for respondent/State.
Shri Ishteyaq Husain - Advocate for Objector.
Heard on admission.
This appeal is admitted for final hearing.
Also heard on I.A No.6196/2025 , which is the first application under
Section 430 of Bhartiya Nagarik Suraksha Sanhita/section 389(1) of Cr.P.C
for suspension of sentence and grant of bail moved on behalf of appellant
No.2- Arjun Chouhan.
The appellant has been convicted under Sections 306 of IPC and
sentenced to undergo R.I. for 5 years with fine of Rs.2,500/- with default
stipulations. vide judgment of conviction and order of sentence dated
30.11.2024 passed by Second Additional Sessions Judge, Sohagpur, District
Narmadapuram (M.P.) in Sessions Trial No.17/2021.
This first application for suspension of sentence has been argued on
the grounds that appellant has been falsely implicated in this case; the
alleged incident of assault was committed on 04.07.2021 and suicide was
attempted on 05.07.2021, but victim Abhishek Masih died on 07.07.2021 and
in the dying declaration (Ex.P/25) recorded on 05.07.2021, the name of
present applicant was not disclosed. It has also been argued that MLC of
2 CRA-14192-2024
victim was done on 05.07.2021, but no injury on his person was reported in
this MLC. It is argued that the FIR regarding alleged assault was registered
on 07.07.2021, i.e. on the date when victim Abhishek expired, while the
alleged incident had occurred on 04.07.2021. It is further submitted that the
alleged suicide note was recovered 4 days after the death of victim;
additionally, the report of handwriting expert cannot be relied upon as the
questioned writing on suicide note (Article A1) was not matched with any
authentic document, which could have been claimed in the natural
handwriting of deceased; documents or different correspondence allegedly
made by the deceased, were recovered from the father of deceased and not
from the office where these documents/correspondence were supposed to be.
Citing the decision of Apex Court in the case of Sanju alias Sanjay Singh
Sengar vs. State of M.P. AIR 2002 Supreme Court 1998 a request has been
made to allow the application.
Counsel for the State as well as for objector have opposed the
application claiming that on account of political clout of appellant party, the
FIR made by Abhishek was not lodged timely and facing humiliation on
account of this assault he committed suicide after leaving a suicide note,
which was found to be in his handwriting. Therefore, a request has been
made to dismiss the applicant and for this reliance has been placed on the
decision of Apex Court in the case of Ude Singh vs The State Of Haryana
(2019) 17 SCC 301. In that case, insulting the modesty of a woman through
continuous eve-teasing, and repeated acts and utterances calculated to bring
disgrace to a village girl or destroy her self-esteem, were considered as the
3 CRA-14192-2024
acts of instigation and abetment leading to her suicide.
Heard respective counsel for the parties and perused the judgment and
record of the Court below.
Having considered the rival submissions, facts and the circumstances
of the present case, significant difference between these facts and the facts of
the case Ude Sing (supra) and the settled legal proposition, but without
commenting on the merit of the case, this application is allowed.
It is directed that subject to depositing the fine amount, if not already
deposited, and on furnishing a personal bond in a sum of Rs.50,000/-
(Rupees Fifty Thousand only) with one solvent surety in the like amount to
the satisfaction of the trial Court concerned, the custodial sentence of the
appellant No.2 shall remain suspended and he shall be released on bail for
securing his presence before the trial Court concerned on 03.07.2025 and on
such other dates as may be fixed in this regard during pendency of this
appeal.
Accordingly, the aforesaid I.A. stands allowed and disposed of.
List this case for final hearing in due course.
(ANURADHA SHUKLA)
JUDGE
rv
