Vijay Baghel vs The State Of Madhya Pradesh
2021 Latest Caselaw 3785 MP

                                                                       1                               CRA-4223-2019
                                             The High Court Of Madhya Pradesh
                                                        CRA-4223-2019
                                                       (VIJAY BAGHEL Vs THE STATE OF MADHYA PRADESH)

                                    21
                                    Jabalpur, Dated : 31-07-2021
                                          Heard through Video Conferencing.
                                          Shri Ravindra Singh Thakur, Advocate for the appellant.
                                          Shri Prashant Mishra, P.L. for the respondent-State.

Record of the Court below is available.

Heard on the question of admission and perused the record.

Appeal is admitted for final hearing.

Heard on I.A. No.13312/2020, which is second application for suspension of sentence and grant of bail to the appellant. First application was dismissed as withdrawn on dated 13.01.2020.

The appeal has been preferred under Section 374(2) of the Cr.P.C.,1973 b y the appellant/accused against judgment dated 08.05.2019 passed by learned Sessions Judge, Harda, Distt.-Harda, M.P. i n S.T. No.84/2017 by which the appellant has been convicted for the offence punishable under Sections 341 & 307 of IPC.

T h e prosecution case in short that on dated 11.07.2017 injured Bhupendra PW-1 was going to his house. On the way, present appellant- accused met him and told that why he (complainant) is chasing his sister ? Then some dispute arose between them then appellant-accused inflicted injury to the complainant Bhupendra (PW-1). PW-1 received grievous injury, which is dangerous to life.

Learned counsel for the appellant submits that appellant-accused has been falsely implicated in this case. Learned Trial Court has committed grave error to convict and sentence the appellant. Actually, no case is made out under Section 307 of IPC. It is true that Dr. Omprakash Khore (PW-6) examined PW-1 and he found one injury on the neck of injured PW-1 Signature Not Verified SAN Bhupendra and other four injuries on his other part of body. He opined that

Digitally signed by PALLAVI SINHA Date: 2021.07.31 17:53:30 IST 2 CRA-4223-2019 one injury is dangerous to life. PW-10 also examined PW-1 Bhupendra, who opined all the injuries of the complainant are simple. There are material contradiction and omissions in the evidence of the witnesses. Appellant- accused is in jail since 08.05.2019 and during trial he remained in jail from 15.07.2017 to 25.11.2017. Appellant-accused has served three years and seven months of jail sentence out of 7 years. So, he has served substantial

sentence. This appeal is of year 2019. It is the time of COVID-19 due to which final conclusion will take time. There is every possibility to get success in the trial. Final hearing of this appeal will take time. Therefore, the application filed on behalf of the appellant may be allowed and the period of his remaining jail sentence may be suspended further and he may be released on bail.

Learned Panel lawyer for the respondent/State has opposed the application.

After hearing rival submissions of learned counsel for the parties, looking to the circumstances of the case, medical evidence and also the facts that appellant-accused is in jail since 08.05.2019 and during trial he remained in jail from 15.07.2017 to 25.11.2017, so he has served three years and seven months jail sentence out of 7 years, this appeal is of year 2019, it is the time of COVID-19 due to which final conclusion of its will take time but without expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the appellant and grant bail to him.

Consequently, I.A. No. 13312/2020 is allowed subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal.

Appellant-Vijay Baghele be released from custody subject to his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only), with one surety in the like amount, to the satisfaction of the trial Court. The appellant shall appear and mark his presence before the trial Signature Not Verified SAN

Digitally signed by PALLAVI SINHA Date: 2021.07.31 17:53:30 IST 3 CRA-4223-2019 Court on 04.10.2021 and shall continue to do so on all such future dates, as may be given by the trial Court in this behalf, during pendency of the matter.

List the appeal for final hearing in due course. C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

Pallavi

Signature Not Verified SAN

Digitally signed by PALLAVI SINHA Date: 2021.07.31 17:53:30 IST