Hemraj vs The State Of Madhya Pradesh
2021 Latest Caselaw 1517 MP

    THE HIGH COURT OF MADHYA PRADESH, INDORE
                     BENCH
                  CRA No.767/2021
               Hemraj vs. State of M.P.

Indore, dated :22.04.2021
     Shri Vivek Singh, learned counsel for the applicant.
         Shri Z. Khan, learned Public Prosecutor for the non-applicant -
State.
         Heard on I.A. No.5439/2021, which is the first application filed
under Section 389(1) of the Cr.P.C. for suspension of jail sentence of
the appellant No.2/Bherulal S/o Hukla.
         The appellant has been convicted and sentenced by the Fifth
Additional Sessions Judge, Ratlam vide judgment dated 23/01/2021
passed in S.T. No.311/2012 as under:
  Conviction                               Sentence
Sections       and Imprisonment       Fine             Imprisonment in
Act                                                    lieu of fine
148 of IPC          1 Year            500/-            1 Months S.I
323/149 of IPC 3 Months               --               --
307/149 of IPC 7 Years                2,000/-          4 Months S.I
326/149 of IPC 3 Years                1,000/-          2 Months S.I
25(I-B)(b)       of 1 Years           500/-            1 Months S.I
Arms Act


         Counsel for the appellant submits that case of the appellant is
akin to that of other co-accused appellant no.3/Mangilal whose
suspension has already been suspended by this Court on 08.03.2021.
         He further submits that the allegation against the present
appellant is that he caused injury on the ear of Badri (PW-1) who has
also opined by treating doctor to be simple in nature in para no.20 of
the judgment. He further submits that appellant is aged about 50 years
and no purpose would be served to keep the appellant in jail in this
Covid-19 situation. Final conclusion of the appeal would take
sufficient long time. Therefore, the sentence of the appellant may be
 suspended on the ground of parity also with the co-accused person
Mangilal.
      On the other hand, learned counsel for the State/respondent

opposed the prayer, however, it is not denied that it was a case of free fight as a counter case was also filed by the appellant and he has also not denied parity with the co-accused Mangilal.

In due consideration of the submissions made on behalf of the parties, on perusal of the record, this Court finds that the overt act attributable to the present appellant is causing simple injury to one (P.W.2) and considering the fact that it was a free fight between the parties, it would be appropriate to suspend the jail sentence of the appellant.

Accordingly, I.A. No.5439/2021 is allowed and it is directed that on furnishing personal bond by appellant No.2 Bherulal S/o Hukla in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark their presence before the concerned trial Court on 30/04/2021 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

Certified copy, as per rules.

This is an admitted appeal.

List for final hearing in due course.

                                                            (SUBODH
ABHYANKAR)
    Judge                         amit
                                 AMIT KUMAR
                                 2021.04.23
                                 11:30:15 +05'30'