Bharat Kushwaha vs The State Of Madhya Pradesh
2022 Latest Caselaw 16505 MP

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 8660 of 2018
                                     (BHARAT KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                      Dated : 13-12-2022
                             Shri K.K. Kushwha - Advocate for the appellants.

                             Shri Arvind Singh - Government Advocate for the respondent/State.

Heard on I.A. No.13395/2021 for suspension of sentence and grant of bail to the appellant No.1 - Bharat Kushwaha.

The appellant No.1 has been convicted under Section 302 of the I.P.C

and sentenced to undergo R.I. for Life with fine of Rs.10,000/- with default stipulation.

Learned counsel for the appellant No.1 submits that appellant No.1 remained in actual custody for more than 06 years & 07 months. By taking this Court to the prosecution story, it is alleged that on 03.05.2016 between 04:30 - 05:30 PM, the deceased Jay Prakash was assaulted by accused persons. By taking this Court to the statement of Dr. R.K. Patel (PW-4), it is submitted that there were nine injuries found on the person of the deceased. The injury No.1 was on the backside of head in the occipital region. The Doctor candidly

deposed that injury No.1 was not sufficient to cause death. By referring statement of son of deceased namely Brajesh (PW-2), it is submitted that said injury on the backside of head was allegedly caused by accused Rampyari Kushwaha. This Court by order dated 24.09.2019 suspended the remaining jail sentence of main accused Rampyari Kushwaha. The appellant thereafter also remained in custody for sufficiently long period. The injuries allegedly caused Signature SAN Not Verified by the present appellant is not grievous in nature. The incident had taken place Digitally signed by KAFEEL AHMED ANSARI without there being any premeditation. Final hearing of this appeal is not Date: 2022.12.14 12:34:49 IST

possible in near future. Therefore, the remaining jail sentence of the appellant may be suspended.

The prayer is opposed by learned Government Advocate on the basis of objection and findings given in Para-17 of the impugned judgment.

We have heard the learned counsel for the parties. Considering the aforesaid factual backdrop and role allegedly played by this appellant, without expressing any conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, aforesaid I.A. is allowed.

Subject to depositing the fine amount (if not already deposited), the

remaining jail sentence of the appellant is hereby suspended and it is directed that appellant No.1 - Bharat Kushwaha be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees 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 trial Court, Nagod, district Satna on

07 th March, 2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

Certified copy as per rule.

   (SUJOY PAUL)                                    (PRAKASH CHANDRA GUPTA)
      JUDGE                                                 JUDGE

kafeel