Brajkumar Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 608 MP

                                                       1                                CRA-9347-2018
                             The High Court Of Madhya Pradesh
                                        CRA-9347-2018
                                     (BRAJKUMAR YADAV Vs THE STATE OF MADHYA PRADESH)

                      15
                      Jabalpur, Dated : 10-03-2021

                            Shri Rajendra Shrivastava, Advocate for the appellant.
                            Shri Ravindra Singh Rajput, P.L. for the respondent-State.

Record of the trial Court has been received. Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.7185/2020 third application for suspension o f execution of sentence awarded to the appellant and grant of bail. Earlier applications were dismissed as withdrawn.

Vi d e judgment dated 20.11.2018 passed in S.T. No. 50/2013 passed by learned 1st Addl. Sessions Judge, Jatara, Distt.-Tikamgarh, M.P., the appellant has been convicted for the offence punishable under Section 307 of IPC and has been sentenced to undergo R.I. for 10 years with fine of Rs. 25,000/- with default stipulation.

Prosecution case in short is that on 14.11.2012 co-accused Ramkishan and Vikram caught the injured Bablu @ @ Maharaj Singh PW/2 and present appellant-accused inflicted injuries by axe to his chin. He received grievous injuries which is dangerous to life.

Learned counsel for the appellant has submitted that appellant- accused has falsely been implicated in this case. No case is made out under Section 307 of IPC against the appellant-accused. Doctor Rajendra Ahirwar PW/9 examined Bablu @ Maharaj Singh. He found one incised injury in right chin and one incised wound in right cheek but no fracture is found. Doctor opined that the injuries endanger to life, so it appears that injuries was not dangerous to life. Appellant is in jail since Signature SAN Verified Not 20.11.2018 till now. He remained in jail during trial from 16.11.2012 to Digitally signed by ARVIND KUMAR MISHRA Date: 2021.03.12 17:47:25 IST 2 CRA-9347-2018 11.01.2013. So, he has served almost 2 years 6 months of his jail sentence. This appeal is of year 2018. It will take time for final disposal. Two co-accused persons have been acquitted on the same evidence. There are material contradictions and omissions in the evidence of witnesses. There is fair chance to succeed in the appeal. Under the

circumstances, if the execution of sentence of the appellant is not suspended, his right to file appeal will be futile. Hence, prayer is made for suspension of jail sentence and grant of bail to the present appellant- accused.

On the other hand, learned Panel Lawyer for the respondent-State opposes the submission of counsel of appellant.

Considering the contention of both the parties and this fact that two incised wounds were found in right chin on the complainant, no fracture is found on his body, appellant-accused has served almost 2 years 6 months of his jail sentence, this appeal is of year 2018, it will take time for final disposal, there are material contradictions and omissions in the version of prosecution witnesses but without commenting anything on the merits of the case, the said I.A. is allowed.

It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant- Braj Kumar Yadav shall remain suspended during the pendency of this appeal and he b e released on bail on his furnishing a personal bond for a sum of Rs. 50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the same like amount to the satisfaction of the trial court for his appearance before the learned trial court on 28.04.2021 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

In case, the appellant is found absent on any date fixed by the trial court then the said court shall be free to issue and execute warrant of Signature Not SAN Verified arrest without referring the matter to this Court, provided the Registry of Digitally signed by ARVIND KUMAR MISHRA Date: 2021.03.12 17:47:25 IST 3 CRA-9347-2018 this Court is kept informed.

Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority:-

1. The Jail Authority shall ensure the medical examination of the appellant by the jail doctor before his release.

2 . The appellant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the appellant is suffering from 'Corona Virus

disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

List this matter for final hearing in due course. C.C. as per rules.

                                                            (RAJENDRA KUMAR SRIVASTAVA)
                                                                       JUDGE
                      MISHRA




Signature
 SAN      Not
Verified

Digitally signed by
ARVIND KUMAR
MISHRA
Date: 2021.03.12
17:47:25 IST