Madhya Pradesh High Court
Kailash vs The State Of Madhya Pradesh on 10 December, 2021
Author: Vivek Rusia
1 CRA-4217-2021
The High Court Of Madhya Pradesh
CRA No. 4217 of 2021
(KAILASH Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 10-12-2021
Shri Dharmendra Yadav, learned counsel for the appellant.
Shri Ayushyaman Choudhary, learned Public Prosecutor for the
respondent - State.
Heard on I.A. No.19234/2021, which is first application filed
under Section 389 (1) of the Cr.P.C. for suspension of jail sentence filed
on behalf of the appellant Kailash S/o Ramgopal Dhangar.
The appellant has been convicted vide judgment dated 03.07.2021
passed in Session Trial No.200083/2016 by the 4th Additional Sessions
Judge, Shujalpur whereby the appellant is held guilty for the offence
punishable under Section 304-I of IPC and sentenced to undergo 10 years
R.I. along with fine of Rs.5,000/- and in default stipulation to further
undergo six months R.I.
As per prosecution story, complainant Shardabai lodged a report
on 09.05.2016 that there was a dispute in respect of drawing water from
a water tanker. Accused Kailash has objected to it and at that time, her
husband Mangilal was inside the house. Accused Kailash, his sons Golu,
Bhola and Sonu came to his house armed with tommy and entered inside
the house and accused Kailash inflicted tommy injury on the head of
Mangilal and others also have assaulted him by fists and legs. FIR was
registered against all the four persons and they were tried under Sections
452, 323, 294 and 506/34 of IPC. The injured was admitted in the
hospital on 09.05.2016 who succumbed to his injuries on 16.05.2016
while taking treatment. Accordingly, police has added Section 302 of
IPC. After trial, except present appellant, all other accused persons have
Signature Not VerifiedDigitally signed by
been acquitted. The appellant has been convicted under Section 304-I of
SAN GEETA PRAMOD
Date: 2021.12.10
17:15:01 IST
2 CRA-4217-2021
IPC and sentenced as aforementioned.
Learned counsel for the appellant submits that he has undergone
actual 5 years and 7 months and after remission, completed 7 years of
jail sentence and there is no likelihood of final hearing of the appeal in
near future and by that time, he would complete his entire jail sentence.
There is no criminal record and the dispute had occurred suddenly and
there was no intention to commit the offence. Hence application for
suspension of sentence has been filed.
Reply has been filed by the State. Learned Public Prosecutor for
the respondent - State was also heard who has opposed the aforesaid
prayer.
In the circumstances, particularly, since the appellant has
undergone 7 years out of ten years of the total sentence which has been
imposed upon him, I am of the view that a fit and proper case has been
made out for suspension of the sentence under Section 389 (1) of the
Cr.P.C.
Considering the facts and circumstances of the case and the
arguments advanced by learned counsel for the parties, this Court is of
the considered opinion that the application for suspension of custodial
sentence moved on behalf of the appellant deserves to be allowed.
Accordingly, I.A. No.19234/2021, is allowed and it is directed that
subject to depositing fine amount and on furnishing personal bond by the
appellant in the sum of Rs.30,000/-(Rupees Thirty Thousand only) with
one solvent surety in the like amount to the satisfaction of the learned
Trial Court for his appearance before the Court, the execution of
custodial part of the sentence shall remain suspended, till the final
disposal of this appeal.
The appellant shall mark his presence before the Registry of this
Signature Not VerifiedDigitally signed by
SAN GEETA PRAMOD
Date: 2021.12.10
Court on 20.09.2022 and on all such subsequent dates, which are fixed in
17:15:01 IST
3 CRA-4217-2021
this regard by the Registry. I.A. No.19234/2021 stands disposed of.
List the appeal for final hearing in due course.
Certified copy, as per rules.
(VIVEK RUSIA)
JUDGE
gp
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN GEETA PRAMOD
Date: 2021.12.10
17:15:01 IST
