SOMESH CHAURASIA Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal arises from an order by a Division Bench of the High Court of Madhya Pradesh dated 23 July 2019. The High Court declined to entertain two applications - IA 6837 of 2019 filed by the State of Madhya Pradesh and IA 5781 of 2019 filed by the appellant - seeking are vocation of the suspension of sentence and bail granted to the second respondent.

(2.) The second respondent has been convicted of an offence punishable under Section 302 of the Indian Penal Code ("IPC") and sentenced to suffer imprisonment for life. By an order dated 3 February 2016, the High Court directed that the sentence shall, during the pendency of the appeal, remain suspended under the provisions of Section 389(1) of the Code of Criminal Procedure 1973 ("CrPC").

(3.) Two applications were moved before the Division Bench of the High Court (IA 6837 of 2019 and IA 5781 of 2019) for cancellation of bail and revocation of the order dated 3 February 2016 suspending the sentence of the second respondent. These applications for bail were filed by the appellant and by the State of Madhya Pradesh. The appellant sought cancellation of bail on the ground that after the sentence was suspended, FIR No 143 of 2019 was registered against the second respondent at Police Station Hata, District, Damoh, in which he is implicated in the murder of the appellant's father. The State of Madhya Pradesh sought cancellation of bail on the ground that: