Ramsingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8776 MP

                                                                  1                              CRA-1360-2016
                                        The High Court Of Madhya Pradesh
                                                 CRA No. 1360 of 2016
                                              (RAMSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)


                                Indore, Dated : 14-12-2021
                                      Shri. M.S. Chouhan, learned counsel for appellant No.3 Kishore.

                                      Shri    Shudhanshu      Vyas,     learned    Public    Prosecutor     for
                                respondent/State.

Heard on I.A. No.23639/2021, an application filed under Section 389 of Cr.P.C for suspension of sentence and grant of bail moved on behalf of

the appellant No.3 Kishore.

The appellant has filed this present appeal against the judgment of conviction and order of sentence dated 30.08.2016 awarded by the Court of Additional Session Judge, Bagli, District Dewas (MP) in S.T. No.398/12 whereby the appellant/accused has been convicted under sections 307/34 and 506 Part-II of the IPC and sentenced to undergo RI for life with fine of Rs.5000/- and RI for three years with fine of Rs.2000/- respectively, with default stipulation clause as mentioned in the impugned judgment.

Learned counsel for appellant No.3 Kishore submits that he remained

in custody for more than a decade. As per prosecution story, this appellant used an axe on non-vital part/leg of the injured. His deposition is also to that extent. The offence under Section 307 of the IPC is not attracted. The final hearing of this appeal i.e. of the year 2016 is not possible in near future. Hence, the remaining jail sentence of the appellant may be suspended.

The aforesaid prayer is opposed by counsel for the respondent/State. Considering the nature of accusation, role allegedly played by this appellant couple with the fact that appellant remained in actual custody for more than ten years and final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.23639/2021 is allowed. Execution of jail sentence of the appellant No.3 Kishore is hereby suspended and it is ordered that the appellant be released on bail on his furnishing a personal bond for a sum of Signature Not Verified SAN

Digitally signed by JYOTI CHOURASIA Date: 2021.12.14 17:57:17 IST 2 CRA-1360-2016 Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Dewas on 22/2/2022 and also on such other dates, as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                                    (SUJOY PAUL)                                          (PRANAY VERMA)
                                       JUDGE                                                   JUDGE

                                jyoti




Signature Not Verified
 SAN



Digitally signed by JYOTI
CHOURASIA
Date: 2021.12.14 17:57:17 IST