Deepak vs The State Of Madhya Pradesh
2022 Latest Caselaw 2817 MP

                                                     01Cr.A.6293/2020

             HIGH COURT OF MADHYA PRADESH

                         Cr.A. No. 6293/2020

                (Deepak Jat & Anr. vs. State of M.P. )

Gwalior, Dated: 28.02.2022
      Shri Ashok Jain, learned counsel for the appellant.

      Shri R.K.Shukla, learned Deputy Govt. Advocate for the

respondent/State.

Per Justice Deepak Kumar Agarwal:

IA.No.2314/2022, IInd application u/Sec. 389 (1) of Cr.P.C.

for suspension of sentence and grant of bail filed on behalf of

appellant - No.1 Deepak Jat is taken up and considered.

This criminal appeal assails the judgment dated 7th December,

2020, passed in S.T.No.267/2015 by the First Additional Sessions

Judge, Guna (MP) whereby appellant has been convicted and

sentenced as under with default stipulation :-

    Sections (IPC)           Imprisonment                   Fine
302r/w 120-B of IPC Life Imprisonment            Rs.5,000/- with
                                                 default stipulation for
                                                 one month
323 of IPC              Six months RI            Rs.500/- with default
                                                 stipulation for ione
                                                 month
506-II of IPC           Six months RI        Rs.500/- with default
                                             stipulation for ione
                                             month

It is submitted by learned counsel for the appellant that first

application for suspension of sentence was dismissed as withdrawn

vide order dated 17.09.20219 with liberty to come again after

suffering some reasonable period of custody.

02Cr.A.6293/2020

Brief facts of the case are that on 11.45 PM complainant

Vikram Singh lodged a Dehati Nalishi against present appellant

Deepak Jat, Satish and Neeraj at Police Station Cant. District Guna

alleging that he along with Parmal Singh were going by motorcycle

No. MP08/ML1710, when they reached Mavan Naisarai Road, infront

of them one blue colour Holand Tractor which was driven by

appellant Deepak Jat rash negligently hit his motorcycle, due to which

he and Parmal Singh fell down and got injured. Afterwards, accused

Neeraj by abusing them told to kill them, due to which accused Satish

Jat assaulted Parmal by farsa which hit on his thigh and blood was

oozing out and he got injuries on different parts of his body.

Thereafter, all of them went away by abusing filthy language.

Afterward, Gyan Singh and two others came there and they took them

to hospital. On his report, a crime under Sections 279, 337, 323, 294,

506-B,34 of IPC bearing Crime No.0/2015 was recorded and Parmal

Singh was sent for medical examination. During treatment he died.

Postmortem was conducted and during postmortem, contusion was

found on his body. As per postmortem, he died due to hemorrhage.

Appellant and others were arrested. After investigation, charge sheet

has been filed. After trial appellant and Neeraj were convicted under

sections 302 r/w 120-B, 323, 506-II, 34 of IPC and accused Ramraja

and Kashmir Singh @ Kakshmira were acquitted.

From the side of appellant-accused it was argued that it was a

case of accident. No overt act was established against appellant 03Cr.A.6293/2020

Deepak Jat. He is in custody from the date of judgment, i.e.,

7.12.2020. During trial he was in custody from 19.6.2015 to

4.9.2015. Under these circumstances, he prays for suspension of

sentence and grant of bail.

Learned counsel for the State opposed the application and

prayed for its rejection by contending that on the basis of the

allegations and the material available on record, no case for grant of bail

is made out.

Considering the facts and circumstances of the case, looking to

the Dehati Nalishi, nature of offence, period of custody, but without

commenting anything on the merits of the case, IA.No.2314/2022 is

allowed and it is directed that jail sentence of appellant-Deepak Jat

will remain under suspension subject to verification that the amount

of fine has been deposited, on appellant's furnishing bail bond of

Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety

of the like amount to the satisfaction of concerned Trial Court for his

appearance before the Principal Registrar of this Court on 13th June,

2022 and thereafter on such further dates as may be fixed by the

office of this Court in this regard till disposal of the appeal.

C.c. as per rules.

(Rohit Arya)                        (Deepak Kumar Agarwal)
  Judge                                      Judge


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       VALSALA
       VASUDEVAN
       2022.03.02
       16:28:28 +05'30'