Santosh @ Darshan Pandey vs The State Of Madhya Pradesh
2022 Latest Caselaw 1128 MP

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        The High Court Of Madhya Pradesh
                  CRA No. 236 of 2013
      (SANTOSH @ DARSHAN PANDEY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 24-01-2022
      Heard through Video Conferencing.

      Shri Praveen Kumar Pandey, learned counsel for the appellant no. 2
Sant Kumar Pandey.
      Shri Dilip Singh Parihar, learned P.L. for respondent -State.

Heard on I.A. No.2050/2021 for suspension of sentence and grant of bail on behalf of the appellant no. 2, Sant Kumar Pandey.

Appellant No.2 has been convicted vide judgment dated 11.01.2013 passed by the 2nd Additional Sessions Judge, Maugang, District- Rewa (M.P.) in S.T. No.298/2011 for commission of offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo for Life Imprisonment with fine of Rs.1,000/- with default stipulation, under Section 326 of IPC and sentenced to undergo for four years R.I. and fine of Rs.500/- with default stipulation and under Section 323 of IPC and sentenced to undergo R.I. for four years respectively.

Learned counsel for the appellant no. 2 submits that the appellant no. 2

is aged about 62 years. He remained in actual custody for more than eleven years and with remission it comes to about fifteen years. Considering the aged and period of custody, the appellant no. 2 may be given the benefit of suspension of remaining jail sentence.

In addition, it is submitted that as per prosecution story, the appellant no. 2 alleged assaulted the deceased by means a "tangi" on his head. However, statement of Doctor, (PW-16) shows that there no such injury alleged caused by means of "tangi". The appellant no. 2 be given the benefit of suspension of remaining jail sentence.

The prayer is opposed by learned Panel Lawyer for the respondent - State by taking this court to paras 36, 37 and 42 of the judgment.

We have considered by the arguments advance by learned counsel

for the parties.

Considering the period of custody the age of appellant no. 2, i.e. 62 years, without expressing any conclusive opinion on merits of the case, and subject to depositing the complete fine amount, (if not already deposited), we deem it proper to suspend the remaining jail sentence of appellant no. 2. More so during this pandemic era the final hearing of this

appeal is not possible in near future, I.A. No.2050/2021 is allowed and the remaining jail sentence of appellant No.2 is hereby suspended and it is directed that the appellant No.2 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 by the appellant No.2 to the satisfaction of the trial court with a further direction to appear before the trial Court, Maugang, district Rewa on 22.07.2022 and also on further other dates, as may be fixed by the trial court, Mauganj, district Rewa in this regard during the pendency of this appeal.

List the appeal for final hearing in due course.

Certified copy as per rules.

                                         (SUJOY PAUL)                                   (ARUN KUMAR SHARMA)
                                            JUDGE                                              JUDGE

                                   bks




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Date: 2022.01.24 17:28:20 IST