Sunderlal Baiga vs The State Of Madhya Pradesh
2022 Latest Caselaw 365 MP

                                   1                               CRA-9780-2018
        The High Court Of Madhya Pradesh
                 CRA No. 9780 of 2018

(SUNDERLAL BAIGA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 07-01-2022 Shri Tribhuvan Mishra, learned counsel for the appellant No.2.

Shri Akshay Pawar, learned Panel Lawyer for the State.

Heard on I.A. No.9563/2020, which is the second application for under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant No.2- Karelal Baiga.

By impugned judgment dated 25.06.2018 passed by the Additional

Sessions Judge, Satna (M.P.) in S.T.No.502/2015 the appellant No.2 has been convicted under Sections 302/34 and 449/34 of the IPC and sentenced to undergo R.I. for Life with fine of Rs.2000/- and R.I. for Life with fine of Rs.2000/- respectively, with fine and default stipulations.

Learned counsel for the appellant No.2 submits that appellant No.2 is aged about 76 years and is in jail since 31.05.2015 and has served more than 6 years of sentence. It is also submitted that disposal o f this

appeal would take considerable time, hence, it is prayed that the jail sentence of the appellant No.1 be suspended and he be released on bail.

Learned P.L. has opposed the prayer for bail and suspension of sentence.

Heard learned counsel for the parties and perused the record. After perusal of the record, it is found that appellant No.2, who is aged about 76 years belongs to Baiga Tribes. The dispute arose between the parties over a domestic issue. The deceased was the real brother-in- law of the appellant. As per medical report, deceased died due to head injury. Appellant is in custody since 31.05.2015 Considering the overall facts and circumstances of the case and custody period of the appellant No.2, without commenting upon the 2 CRA-9780-2018 merits of the case, this application are allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining

jail sentence imposed upon appellant No.2- Karelal Baiga shall remain suspended during the pendency of this case and he shall be released on bail.

The appellant No.2 shall appear before the trial Court on 26.04.2022 and on all such subsequent dates, as may be fixed in this regard during pendency of this appeal.

List for final hearing in due course.

                                        (SUJOY PAUL)                                   (SMT. ANJULI PALO)
                                           JUDGE                                             JUDGE

                                   rj




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Date: 2022.01.10 18:54:12 IST