Asharam vs The State Of Madhya Pradesh
2022 Latest Caselaw 5927 MP

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                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                              CRA No. 1726 of 2019
                                                       (ASHARAM Vs THE STATE OF MADHYA PRADESH)

                                Dated : 22-04-2022
                                       Mr. Siddhant Kochar, Advocate for the appellant.

                                       Mr. Arvind Singh, Government Advocate for the respondent -State.

Considered I.A.No.12870/2022, which is the second application under section 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of the appellant. His first bail application was dismissed as not pressed.

B y the impugned judgment dated 30.01.2019 passed by Special Judge

S.C/S.T in SC Case No.153/2011 the appellant has been convicted under Sections 147, 304 Part-I,/149, 325/149 and 323/149 of I.P.C. and sentenced to undergo R.I. for 01 year (fine of Rs.500/-), R.I for life (fine of Rs.5,000/-), R.I. for 1 year (fine of Rs.1,000/-) and R.I. for three months (fine of Rs.500/-) respectively with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and h a s been falsely implicated in the crime in question. The trial of the present appellant has been conducted separately. Sentence of the other accused has been suspended already but appellant is in custody since 4 years with remission.

Further, the doctor found that all the injuries are on his hands and legs and no vital part of the body of the deceased was inflicted or received any fatal injuries, although injuries were caused by pointed or sharp weapon as reflected from the report Annexure P/2. As per the post-mortem report the deceased died due to fracture on his hand and excessive bleeding from the injuries. Further that the other appellants for the same set of allegations and evidence have been convicted under Section 304-II/149 of I.P.C. and sentenced to undergo R.I. for 5 years with fine amount of Rs.500/-. Hence, prayer has been made to enlarge the applicant on bail and suspend the impugned sentence.

Learned Panel Lawyer has strongly opposed the prayer for suspension of sentence and grant of bail.

Signature Not Verified SAN Considering the over all facts and circumstances of the case and the disposal of this appeal would take considerable time, without commenting on Digitally signed by DEVESH K SHRIVASTAVA Date: 2022.04.23 15:36:23 IST

merits of the case, the application is allowed.

It is hereby directed that the jail sentence of appellant-Aasharam shall remain suspended during pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs. 40,000/- (Rupees Forty

Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court.

The appellant shall appear before the trial Court on 23.08.2022 and on all such subsequent dates, as may be fixed in this regard.

I.A.No.12870/2022 is allowed.

List for final hearing in due course.

                                   (SMT. ANJULI PALO)                             (PRAKASH CHANDRA GUPTA)
                                         JUDGE                                             JUDGE

                                DevS




Signature Not Verified
  SAN




Digitally signed by DEVESH K
SHRIVASTAVA
Date: 2022.04.23 15:36:23 IST