Rakesh Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 2147 MP

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           The High Court Of Madhya Pradesh
                    CRA No. 7566 of 2021
                (RAKESH SHARMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Jabalpur, Dated : 16-02-2022
       Shri Satyam Agrawal, learned counsel for the appellant.

       Shri S.K. Malvi, learned Panel Lawyer for the respondent No.1/State.

Shri Deepak Tiwari, learned counsel for the respondent No.2/Objector. Heard.

The appeal is formally admitted for hearing.

I.A. No.22100/2021, an application for suspension of sentence and grant of

bail of appellant Rakesh Sharma is taken up.

The present appellant has been convicted under Section 326 of I.P.C. read with Section 3(2)(v) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989) Act and sentenced to undergo life imprisonment with fine of Rs.1000/- with default stipulation.

Learned counsel for the appellant submits that as per the prosecution story, the appellant has bitten the right ear of the injured Suresh because of which injury was caused. By taking this Court to Section 325 of I.P.C., it is submitted that human teeth cannot be treated to be a 'deadly weapon'. Reliance is placed on

(2004) 10 SCC 103 (Shakeel Ahmed vs. State, Delhi) and judgment of this Court in Criminal Revision No.2300/2018 (Ram Niranjan & Others vs. The State of M.P.) decided on 29.09.2018. It is submitted that the appellant is in custody from the date of judgment i.e. 30.11.2021 and as the final hearing of this appeal will take time, therefore the remaining jail sentence of the appellant may be suspended.

The prayer is opposed by Shri S.K. Malvi, learned Panel Lawyer for the respondent/State.

Learned counsel for the Objector fairly submits that he has no objection if this I.A. is allowed.

Considering the judgment of the Supreme Court in Shakeel Ahmed (supra) and judgement of this Court in Ram Niranjan (supra), a strong prima-facie case is made out. Therefore, without expressing any conclusive opinion on the merits

of the case, we deem it proper to suspend the remaining jail sentence of the present appellant.

Accordingly, I.A. No.22100/2021 is allowed. Subject to depositing the fine amount, (if not already deposited), the remaining jail sentence of the appellant

is hereby suspended. The execution of jail sentence of appellant - Ramesh Sharma is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty 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, Sehore on 29.08.2022 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 rules.

                                                 (SUJOY PAUL)                                     (MILIND RAMESH PHADKE)
                                                    JUDGE                                                  JUDGE

                                              Priya.P




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Date: 2022.02.17 15:31:04 IST