Brajesh Singh Chauhan vs The State Of Madhya Pradesh
2025 Latest Caselaw 6056 MP

Citation : 2025 Latest Caselaw 6056 MP
Judgement Date : 26 March, 2025

Madhya Pradesh High Court

Brajesh Singh Chauhan vs The State Of Madhya Pradesh on 26 March, 2025

Author: Anand Pathak

Bench: Anand Pathak

                                                                1                                    CRA-2175-2022
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                        CRA No. 2175 of 2022
                                           (BRAJESH SINGH CHAUHAN Vs THE STATE OF MADHYA PRADESH )



                          Dated : 26-03-2025
                                Shri Anand Gupta, learned counsel for the appellant.
                                Shri D.S.Kushwaha, learned AAG for respondent/State.

Heard on I.A. No.23870/2024, third repeat application under Section under Section 389 (1) of Cr.P.C filed on behalf of appellant for suspension of sentence and grant of bail.

2 . Vide impugned judgment dated 24.11.2021, present appellant has been convicted under Sections 302/149 and148 of the Indian Penal Code and sentenced thereunder to suffer life imprisonment and RI for two years with fine of Rs.6,000/- and Rs.2,000/- respectively with default stipulations.

3. It is the submission of learned counsel for appellant that the trial Court erred in convicting the present appellant and awarding jail sentence. It is further submitted that the incident is of dated 10.06.2019 and deceased succumbed to the injuries on 28.06.2019. In FIR and in statement under Section 161 of Cr.P.C., deceased did not refer the name of appellant -Brijesh. After one month on 10.07.2019 (after the death of deceased on 28.06.2019) police took statement of

Monu under Section 161 of Cr.P.C. who is an eye-witness in the incident and he referred the name of appellant for the first time. Even in his Court statement, Monu (PW-6) and Atte (PW-7) referred the role of appellant for Gun-toting only and nothing else. No injury has been caused by the appellant to the victim. He already suffered 4 years of incarceration as pre and post-trial detention. Hearing of appeal shall take some time and he has a good case on merits. Appellant undertakes to abide by all terms and conditions as imposed by this Court. Under

2 CRA-2175-2022

such circumstances, learned counsel for appellant prays for suspension of sentence and grant of bail to present appellant.

4. Learned counsel for respondent/State opposed the prayer and prayed for dismissal of the application.

5. Heard the counsel for the parties and record perused.

6. Considering the submissions and the arguments advanced by counsel for the parties and the facts and circumstances of the case, this Court is inclined to grant suspension of sentence to appellant. Hence, without commenting on the merits of the case, application is allowed subject to deposit of fine amount and it is ordered that on 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 concerned trial Court, jail sentence of appellant shall remain suspended till

disposal of this appeal and he be released on bail. Appellant is further directed to remain present before the Registry of this Court on 16.06.2025 and, thereafter, on such subsequent dates as may be fixed by the Registry in this behalf.

7. Appellant shall not be source of embarrassment to the complainant party in any manner and he shall not move in their vicinity, otherwise benefit of suspension of sentence and grant of bail shall be immediately recalled.

8. I.A. No.23870/2024 is allowed and stands disposed of.

9. Copy of this order be sent to the trial Court concerned for information and necessary compliance.

10. Certified copy as per rules.

(ANAND PATHAK) (HIRDESH) JUDGE JUDGE

3 CRA-2175-2022 Ashish*