Ladoo @ Abhishek Chouhan vs The State Of Madhya Pradesh
2025 Latest Caselaw 10591 MP

Madhya Pradesh High Court

Ladoo @ Abhishek Chouhan vs The State Of Madhya Pradesh on 30 October, 2025

                                                              1                               CRA-4999-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                      CRA No. 4999 of 2025

(LADOO @ ABHISHEK CHOUHAN Vs THE STATE OF MADHYA PRADESH )

Dated : 30-10-2025 Shri Adesh Rawat - and Shri Chinmay Kalgankar, learned counsel for

the appellant.

Shri Jayesh Yadav appearing on behalf of Advocate General.

Heard on IA No.7019/2025, first application seeking suspension of

sentence on behalf of appellant Ladoo @ Abhishek Chouhan, who has been convicted under Section 307 of IPC read with section 3(2)(v) of the SC/St (POA) Act, 1989 and sentenced to undergo RI for 07 years with fine of Rs.5,000/- with further default stipulation of 06 months RI Vide judgment dated 16.04.2025 in Special Case No.39/2019 by the Special Judge SC/ST (POA) Act, 1989 Rajgarh (Bioara) arising out of Crime No.204/2019 registered at Police Station -Bioara City, District Rajgarh (M.P.) for attempting to murder of Ravi Jatav/ PW-2 belonging to a member or Scheduled Caste community whereas the appellant/accused does not belong

to Scheduled Caste community.

2. Vide order dated 26.09.2025, this Court noticed that:

2. The appellant has been convicted under section 307 of the IPC read with section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and has recorded the positive finding in the para-113 of the judgment that section 3(2)

(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is attracted because the offence under section 307 of the IPC is punishable

2 CRA-4999-2025 with 10 Rigorous Imprisonment years but sentenced only for 7 years Rigorous Imprisonment whereas the minimum sentence under section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is "Life Imprisonment" as mentioned below:-

"(v) commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of ten years or more against a person or property knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine."

3. This Court exercised the power of Suo Moto revision so that the illegality may be corrected and the Criminal Revision No.4950/2025 is registered and pending before the Division Bench.

4. The application i.e. I.A. No.7019/2025 for suspension of jail sentence is preferred on the ground that the provisions of section 3(2)(v) of the SC/ST (POA) Act, 1989 is not attracted in the present case as there is no evidence that the appellant/accused was aware about the Caste identity of the victim/PW-2. The FSL report does not mention the dimension of the weapon and the witnesses of the seizure memo Ex.P/7 have turned hostile. The injury does not demonstrate that the offence falls within the purview of attempt to murder as the victim/PW-2 has admitted in the hospital on 15.04.2019 and was operated on the same day and was kept under observation for one week only. Hence, prays for grant of benefit of suspension of jail sentence to the appellant.

5. Counsel for the State has opposed the application.

6. Heard.

3 CRA-4999-2025

7. Perused the record.

8. Considering the finding of learned trial Court in para no.113 of the judgment, this Court is not inclined to suspend the jail sentence of the appellant at present. Hence, the application i.e. I.A. No.7019/2025 is dismissed.

List the matter after two weeks.

(GAJENDRA SINGH) JUDGE

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