Mukesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 16503 MP

                                                          1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                   CRA No. 770 of 2016
                                       (MUKESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                      Dated : 13-12-2022
                             Shri R.S. Patel with Shri Jagdish Singrol - Advocates for the appellant

                      No.- 2- Jatan, appellant No. 3- Kashiram, appellant No. 7 - Ratan.
                             Shri Arvind Singh - Government Advocate for respondent - State.

I.A. No. 20035/2022, which is an application for suspension of sentence and grant of bail to appellant No.- 2- Jatan, appellant No. 3-

Kashiram, appellant No. 7 - Ratan, arising out of judgment dated 25.02.2016 delivered in Session Trial No. 45/2011 by First Additional Session Judge, Burhanpur, is taken up.

T h e appellant has been convicted under Section148 of IPC and sentenced to undergo R.I. for 1 year, under Section 323 of IPC, sentenced to undergo R.I. for 06 months, under Section 307/149 of IPC sentenced to undergo R.I. for 05 years with fine of Rs.500/- and under Section 302/149 of IPC, sentenced to undergo life imprisonment with fine of Rs.1000/- with default stipulations.

Shri R.S. Patel, learned counsel for the appellants fairly submits that this Court has rejected the application for suspension of sentence of appellant No. 7 Ratan vide order dated 08.02.2019 and appellant No. 3 Kashiram vide order dated 30.08.2019 on merits. However, by order dated 10.12.2021, this Court permitted the appellant No. 7 to renew his application for suspension of sentence after one year. By placing reliance on custody report obtained under Signature SAN Not Verified RTI Act vide letter No. 2110/warrant/2021 dated 02.07.2021 issued by the Jail Digitally signed by ARVIND KUMAR Superintendent, Central Jail, Indore, Shri Patel submits that appellant No. 3 MISHRA Date: 2022.12.14 10:10:05 IST

Kashiram has undergone 5 years 9 months and 4 day actual sentence as on 02.07.2021. The same is the custody period of appellants-Jatan and Ratan as well.

By taking this Court to the prosecution story it is submitted that on 06.06.2011 a "Barat" came to Village-Davalikhurd. A quarrel between a shop- keeper of said village namely Gyan Singh and members of the "Barat" had taken a ugly shape and appellants along with certain other persons started assaulting the members of "Barat" by means of stones. They fled away and in this course one person Rama sustained stone injuries on his head and his dead body was found in Tapti River on the next day. Learned counsel for appellants

submits that factual backdrop shows that there was no intention to murder the deceased person. The accused persons were not even known to the members of "Barat". No test identification parade was conducted. Considering the nature of accusation at the best an offence under Section 304 Part-II of IPC will be made out for which appellant have already undergone seven years actual sentence. Final hearing of this appeal is not possible in near future. This court has already granted benefit of suspension of sentence to appellant No. 4 Balvant Singh, appellant No. 5- Madhu and appellant No. 6- Vahariya on 03.07.2018 in the present criminal appeal. Thus, it is prayed that, remaining jail sentence of the appellants may be suspended.

Shri Arvind Singh, Government Advocate opposes the prayer by contending that this Court has rejected the application for suspension of sentence of appellants No. 1 and 9 on merits on 13.01.2017. Hence, I.A. may be dismissed.

We have heard the parties.

Considering the nature of accusation and period of custody coupled with

the fact that final hearing of this appeal of 2016 is not possible in near future, we deem it proper to suspend the remaining jail sentence of these appellants.

Accordingly, aforesaid I.A. is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.- 2- Jatan, appellant No. 3- Kashiram, appellant No. 7 - Ratan, is hereby suspended and it is directed that on their furnishing personal bond for a sum of Rs. 50,000/- (Rs. fifty thousand only) each along with one surety in the like amount each to the satisfaction of the trial Court, they shall be released on bail with a further direction to remain present before the trial Court, Burhanpur on 06th March, 2023 and on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

List the appeal for final hearing in due course.

C.C as per rules.

  (SUJOY PAUL)                                  (PRAKASH CHANDRA GUPTA)
     JUDGE                                               JUDGE
MISHRA