Sanjay @ Raja vs The State Of Madhya Pradesh
2022 Latest Caselaw 6314 MP

                                  - : 1 :-


         IN THE HIGH COURT OF MADHYA PRADESH
                       AT INDORE

                         CRA No. 399 of 2016
   (SANJAY @ RAJA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 27-04-2022

      Shri Himanshu Shrivastava, learned counsel with Shri
Siddharth Datt, learned counsel for the appellant 2.
      Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
respondent/State.

Heard on I.A. No.4479/2022, repeat second application filed on behalf of appellant no.2- Sanjay @ Lalu seeking suspension of jail sentence.

The appellant has been convicted and sentenced by the learned 2nd Additional Sessions Judge, Dhar, (M.P.) in Sessions Trial No.399/2012 vide judgment dated 11.02.2016 as under:-

Offence U/s      Sentence       Fine     amount Imprisonment in lieu of
                 Awarded        (Rs.)           fine amount
302 of IPC       Life           Rs.3,000/-      2 months R.I.
                 Imprisonment

First application for suspension of jail sentence was dismissed on the ground that his earlier application was dismissed on merits. We have perused all the order sheet and find that there was no earlier order of rejection on merits on the application filed by the appellant.

As per prosecution story, on 16.07.2012 truck belonging to complainant Guru and Pappu bearing registration no.MP-09-KC-7570 and Bolero Jeep belonging to this appellant party were crossing on a narrow lane and a dispute arose between them that who would cross the lane first. Suddenly these appellants came out of the Bolero Jeep and took out the deceased from the truck and started assaulting him.

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This appellant [email protected] Lalu took out the stone (murram lying there) and thrown on Pappu and Pappu sustained injuries on his chest. He was taken to the M.Y. Hospital where he died. Accordingly, appellants were tried under section 302/34 of the IPC.

Learned counsel for the appellant submits that as per prosecution story taken as it is, the dispute was arose suddenly without any premeditation and planning. The appellants were not carrying any weapon. The Murram Stone cannot said to be a lethal weapon, therefore, offence would not travel more than 304 (Part-I) and for which the appellant has already undergone the jail sentence. In support of his contention learned counsel has placed reliance on the judgment passed by the Apex Court in case of Stalin V/s State represented by Inspector of Police in Criminal Appeal No.577/2020 in which in case of single blow with no intention to kill the court has punished with section 304 (part-I) and sentence to undergo 8 years with fine of Rs.10,000/-. The other co-accused persons have been granted suspension of jail sentence. Apart from that invisible injury on the chest there are no injuries found on the body of the deceased. The common intention cannot be formed on the spot. Hence counsel prays for grant of suspension of jail sentence to the appellant.

Learned Govt. Advocate for the respondent/State opposes the prayer.

In view of the aforesaid, without commenting on the merits of the case, we are of the opinion that the jail sentence of the appellant deserves to be suspended.

Accordingly, I.A. No.4479/2022 is allowed. The execution of jail sentence of the appellant-Sanjay @Lalu is hereby suspended and it is ordered that the appellant- Sanjay @Lalu be released on bail

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subject to depositing fine amount, if already not deposited, and on their furnishing a personal bond of sum of Rs.50,000/- (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 Registry of this Court on 14.10.2022 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

List this matter for final hearing in due course. I.A. No.4479/2022 stands disposed of.

Certified copy as per rules.

(VIVEK RUSIA ) (AMAR NATH (KESHARWANI)) JUDGE JUDGE Ajit/-

Digitally signed by AJIT KAMALASANAN

AJIT DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya

KAMALA Pradesh, 2.5.4.20=156c9cedca1b74d671db9f220a 5e3ed6cba241effad892107d95ef0a1afc5 5b4, pseudonym=CFDFD9C36711CA738F527

SANAN A5D61A1EE901C09EF29, serialNumber=7F0BEE2D78BD57DA058F 3247441C87E7E0817FB61F5E2ABCAEE63 CAAA7B3B9FF, cn=AJIT KAMALASANAN Date: 2022.04.28 11:06:00 +05'30'