Daulatram vs State Of Madhya Pradesh

This criminal appeal assails the judgment dated 13.12.2019 passed in S.T.No.330/2012 by Third Additional Sessions Judge Chanchoda District Guna whereby the appellant No.2-Chandra Prakash @ Chandu has been convicted as under:

Section

Imprisonment

Fine

307/34 of IPC

L.I.

Rs.  3000/-  with default stipulation

I.A.No.2347/20, 1st application u/S. 389(1) Cr.P.C. for suspension of sentence moved on behalf of appellant No.2-Chandra Prakash @ Chandu is taken up and considered.

Appellant No.2-Chandra Prakash @ Chandu is convicted for the offence of attempt to murder and sentenced to life. The allegation found to be proved against appellant No.2 is that on a petty issue of cutting of a branch of a tree standing on the ground which was claimed by the rival parties to be their, arguments and altercation took place and in the heat of the moment appellant No.1 (father of appellant No.2) gave an axe blow on the head of injured while the appellant No.2 caused minor injury on the waist of the injured. The injury giving rise to the offence u/S. 307 IPC is attributed to appellant No.1 and the present appellant No.2. The appellant has suffered more than six months of incarceration.

Considering the above and since there is no hope of this appeal coming up in the near future for final hearing and in the special circumstance of Covid-19 pandemic, this Court is inclined to grant bail to the appellant by way of suspension of sentence.

Accordingly, without expressing any opinion on merits, I.A. No.2347/20 is allowed and it is directed that the jail sentence of appellant No.2-Chandra Prakash @ Chandu will remain under suspension subject to verification that the amount of fine has been deposited, on the appellant's furnishing bail bond of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Magistrate for his appearance before the concerned Magistrate on 14/12/2020 and on such further dates as may be fixed by him which shall be of frequency not less than once in a year.

In case, appellant is found absent on any date fixed by the concerned Magistrate then the said Magistrate shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

The appellant undertakes to deposit a sum of Rs.5,000/-(Rs. Five Thousand Only) within one week of his release on bail in the PM-CARES Fund for helping the disaster management process in the wake of Covid-19 pandemic and produce receipt before the registry of this Court of having done so within 30 days, failing which this Court may recall the order of bail. This gesture of appellant is appreciable.