Madhya Pradesh High Court
Raju vs The State Of Madhya Pradesh on 28 May, 2021
Author: Sheel Nagu
1 Cra.1631.2021
The High Court of Madhya Pradesh
Cra.1631.2021
[Raju & Another Vs. State of M.P.]
Gwalior dated 28.05.2021
Shri Mahesh Goyal, learned counsel for the appellants.
Shri Girraj Soni, learned Panel Lawyer for respondent/State.
Heard through video conferencing.
This criminal appeal assails the judgment dated 17.02.2021
passed in ST. No.99/2019 by Fourth Additional Sessions Judge,
Guna (M.P.) whereby appellant No.1-Raju has been convicted under
Sections 307 and 324 of IPC and has been sentenced to undergo R.I.
for a period of 7 years and 1 year and fine of Rs. 2,000/- & Rs. 500/-
respectively and appellant No.2- Awadh Narayan has been convicted
under Sections 307/34 and 324/34 of IPC and has been sentenced to
undergo R.I. For a period of 7 years and 1 year and a fine of Rs.
2,000/- & Rs. 500/- respectively
I.A. No.14539/2021 first application u/Sec. 389(1) Cr.P.C. for
suspension of sentence and grant of bail moved on behalf appellant
No.1-Raju & appellant No.2-Awadh Narayan is taken up and
considered.
Learned counsel for the State opposed the application and
prayed for its rejection by contending that on the basis of the
allegations and the material available on record, no case for
suspension of sentence is made out.
Learned counsel for the appellants contends that both the
appellants have suffered more than 3 months' period of incarceration
as against seven years' sentence awarded for the offence of attempt to
2 Cra.1631.2021
murder.
The prosecution story found to be proved is that the appellant
No.1-Raju has inflicted several knife blows on the body of injured
while appellant No.2- Awadh Narayan has caused minor injury with
single lathi blow on the ribs of the injured. Therefore, the intention of
committing murder appears to be more intense qua the appellant
No.1-Raju, and therefore, I.A. No.14539/2021 so far as relates to
appellant No.1 Raju stands dismissed.
As regards appellant No.2- Awadh Narayan, this Court is
inclined to grant bail to appellant No.2 by way of suspension of
sentence.
Accordingly, without expressing any opinion on merits,
IA.14539/2021 is partly allowed and it is directed that the jail
sentence of appellant No.2-Awadh Narayan will remain under
suspension subject to verification that the amount of fine has been
deposited, on appellant No.2 furnishing bail bond of Rs.50,000/-
(Rupees Fifty Thousand Only) with one solvent surety of the like
amount to the satisfaction of concerned available Magistrate for his
appearance before the concerned available Magistrate first on
26.07.2021 and on such further dates as may be fixed by him which
shall be of frequency not less than once a year.
In case, appellant No.2 is found absent on any date fixed by
the concerned available Magistrate then the said Magistrate shall be
free to issue and execute warrant of arrest for securing his presence
without first referring the matter to this Court, provided the Registry
of this Court is kept informed.
3 Cra.1631.2021
The learned concerned available Magistrate and the
prosecution are directed to ensure following of Covid-19
precautionary protocol prescribed from time to time by the Supreme
Court, the Central Govt. and as well as the State Govt. during
release, travel and residence of the appellant No.2 during period of
suspension of sentence as a consequence of this order.
A copy of this order be sent to the court below for compliance.
C.c. as per rules.
(Sheel Nagu)
Vacation Judge
Aman
Aman
Digitally signed by Aman Tiwari
DN: c=IN, o=High Court Of Madhay
Pradesh Bench Gwalior, ou=all,
2.5.4.20=70c6eef55d043fbd523acacb7d
Tiwari
1ef4b0609a37510b8e1527bc41da9009c
41f72, postalCode=474011, st=MADHYA
PRADESH, cn=Aman Tiwari
Date: 2021.05.31 09:15:21 +05'30'
