Viran Kushwaha vs The State Of Madhya Pradesh
2022 Latest Caselaw 310 MP

                                   1                               CRA-8172-2019
        The High Court Of Madhya Pradesh
                 CRA No. 8172 of 2019
                 (VIRAN KUSHWAHA Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 06-01-2022
      Mr. R.S. Patel, learned counsel for the appellant.

      Mr. Dilip Singh Parihar, learned PL for respondent -State.

Heard on IA No.3206/2021 for suspension of remaining jail sentence of appellant is taken up.

T h e appellant has been convicted vide judgment dated 13.09.2019 passed by First Additional Sessions Judge, Jatara, District-Tikamgarh (M.P.)

in S.T. No.40/2018 for commission of offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo for Life Imprisonment with fine of Rs.5,000/- with usual default stipulation.

Learned counsel for the appellant submits that appellant has falsely been implicated in the said case. He further submits that an axe alleged to have been used in the incident was recovered prior to recording of memorandum of the appellant. Recovery of the axe has been made from an open place and not from the exclusive possession of the appellant. He also submits that all the prosecution witnesses have turned hostile and there is

nothing on record to show that the appellant has done the said act or involved in the said act. In support of his contention he relied upon paragraph No.27 of the judgment rendered in Madhav Vs. State of Madhya Pradesh in Criminal Appeal No.852/2021. The appellant is in jail since 13.09.2019 and final disposal of the appeal will take time. Hence, he prayed for suspension of sentence and grant of bail.

T h e prayer is vehemently opposed by Shri Dilip Singh Parihar, learned PL and prayed for its rejection.

We have heard learned counsel for the parties, and perused the record and the objection.

Considering the aforesaid facts and circumstances of the case, IA No.3206 /2021 is allowed. The execution of jail sentence of appellant is 2 CRA-8172-2019 hereby suspended and it is directed that the appellant 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 to the satisfaction of the trial court with a further direction to appear before the trial Court Jatara, District-Tikamgarh (M.P.) on 25.07.2022 and also 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.

Certified copy as per rules.

                                      (SUJOY PAUL)                                    (ARUN KUMAR SHARMA)
                                         JUDGE                                                JUDGE

                                  julie




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Digitally signed by JULIE SINGH
Date: 2022.01.07 11:39:36 IST