Besahu Kahar vs The State Of Madhya Pradesh
2022 Latest Caselaw 16002 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 6083 of 2022
                                         (BESAHU KAHAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 02-12-2022
                                   Shri Anvesh Shrivastava, Advocate for the appellant no.1.

                                   Shri Manoj Kumar Singh, learned Government Advocate for respondent -

State.

I.A. No.21456/2022 for suspension of sentence and grant of bail to the appellant no. 1 Bisahu Kahar arising out of judgment dated 30th June 2022 delivered in S.T./69/2019 by the court of Sessions Judge, Anuppur is taken up.

The appellant no. 1 has been convicted under Section 307/34 of IPC to undergo R.I. for ten years and fine of Rs.10,000/- with default stipulation.

Learned counsel for the appellant no.1 by taking this court to the prosecution story submits that incident had taken place suddenly on 19.5.2019 without there being any pre-meditation. As per prosecution story Bikai Kahar brought a JCB machine in order to level the plot. The appellant no. 1 allegedly came in front of the said machine and obstructed movement of the machine. Thereafter, he allegedly used obscene words and assaulted Bikai Kahar. The singular injury was caused to him. This appellant no.1 is aged about 56 years.

The appellant no.1 remained in jail for almost seven months. Final hearing of this appeal is not possible in near future. Considering the nature of and accusation and no possibility of final hearing of this appeal in near future, the remaining jail sentence of appellant no. 1 may be suspended.

The prayer is opposed by learned counsel for the State. Considering the aforesaid factual backdrop, age of the appellant no. 1, coupled with the fact that final hearing of this appeal is not possible in near Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 12/3/2022 12:16:49 PM

future, without expressing any opinion on merits of the case, I deem it proper to suspend the remaining jail sentence of appellant no. 1 Bisahu Kahar.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant no. 1 Bisahu Kahar shall be released on bail on their furnishing a personal bond for the sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court with a further direction to appear before the trial Court, Annupur on 24/01/2023 and also on such other dates, as may be fixed by the Court in this regard during the pendency of this appeal.

C.C. as per rules.

(SUJOY PAUL) JUDGE bks

Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 12/3/2022 12:16:49 PM