Bhagatram vs The State Of M.P.
2021 Latest Caselaw 8605 MP

    1                THE HIGH COURT OF MADHYA PRADESH
                        Cr.A. No.4259/2021

  Bhagatram S/o Ukarlalji Rawat (Meena) and others vs. State of
                                    M.P.
Indore : 10/12/2021 :-
        Shri Abhishek Rathore, learned counsel for the appellants No.3, 4
and 5 (Prakash, Lalsingh and Karansingh).
        Shri Sudhanshu Vyas, learned Government Advocate for the
respondent/State.

Heard on IA No.29737/2021 which is an application for amendment.

For the reasons stated in the application, the same is allowed. Necessary amendment be incorporated within a period of 3 days. Also heard on IA No.28330/2021 which is an application for suspension of sentence under Section 389 of Cr.P.C. filed by appellants No.3, 4 and 5 namely; Prakash, Lalsingh and Karansingh who have been convicted under Section 148, 323/34, 302/34 of the IPC and sentenced to undergo 2 years, 8 months and life imprisonment respectively.

Learned counsel for these appellants submits that as per prosecution story, the main allegations are against Bhagatram and Dayaram who are alleged to have assaulted the deceased with an axe on his head towards the back. As per report of the Doctor death of deceased was on account of the injuries received by him at the back of his head. Appellants - Prakash and Karansingh are alleged to have assaulted the deceased with an axe on his left hand and left leg. The injuries received by the deceased as a result of the said assault are not stated to be cause of his death. Appellant - Lalsingh is alleged to have assaulted the deceased on his head with a lathi. The deceased is also not stated to have died as a result of assault on his head by a lathi. By taking this Court to various paragraphs of the impugned judgment, it is submitted that the act alleged against the appellants and found proved against them 2 THE HIGH COURT OF MADHYA PRADESH Cr.A. No.4259/2021

are not sufficient for implicating them as has been done. The appellants are in jail since 22/10/2017 and have been falsely implicated in the case. The final hearing of this appeal will take a long time. The remaining jail sentence of the appellants be suspended.

The prayer is opposed by the learned Government Advocate for the respondent/State.

Considering the aforesaid argument of learned counsel for these appellants and the fact that the injuries received by the deceased which have been stated to be cause of his death are not alleged to have been caused by these appellants coupled with the fact that final hearing of the matter is not possible in near future and also the fact they are in custody since 22/10/2017, we deem it proper to suspend the remaining jail sentence of the appellants No.3, 4 and 5, therefore, IA No.128330/2021 is allowed. The execution of jail sentence of appellants No.3, 4 and 5 (Prakash, Lalsingh and Karansingh) are hereby suspended and it is ordered that the appellants No.3, 4 and 5 (Prakash, Lalsingh and Karansingh) be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rs.Thirty Thousand) each with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the Trial Court, Manasa, District Neemuch on 22.12.2021 and also on such other dates, as may be fixed by the trial Court, Manasa District Neemuch in this regard during the pendency of this appeal.

Accordingly, IA No.28330/2021 stands disposed of finally. A copy of this order be sent to Court concerned for it's compliance.

Certified copy as per rules.

                           (SUJOY PAUL)                          (PRANAY VERMA)
                              Judge                                   Judge
Aiyer*
         Digitally signed by
         JAGDISHAN AIYER
         Date: 2021.12.14
         17:24:16 +05'30'