Imrat @ Amritlal vs The State Of Madhya Pradesh
2022 Latest Caselaw 10302 MP

                                            1
                                                                      Cr.A. No. 817/2022

             IN THE HIGH COURT OF MADHYA PRADESH
                                   AT JABALPUR
                              Cr. A. No. 817 of 2022
               (Imrat   @ Imritlal & others Vs. State of Madhya Pradesh)
Dated : 29-07-2022
      Shri Manish Datt Senior Advocate with Shri Siddharth Datt, Advocate
for the appellants.
      Shri Pramod Pandey, Government Advocate for the respondent/ State.

I.A.No. 1275/2022 first application under Section 389(1) of the Cr.P.C

for suspension of sentence and grant of bail to appellants is taken up.

The appellants have been convicted under Section 302/34 of IPC and

sentenced to undergo life imprisonment (each) with fine of Rs. 1000/- each

with default stipulations.

Allegation against the appellants are that on 23.04.2008 the appellants

caused death of deceased Ratia Bai by subjecting her to electrocution.

Learned counsel for the appellants submits that appellants have falsely

been implicated in this case. Learned trial court has not appreciated the

evidence in proper perspective. Learned counsel for appellant further

submitted that the alleged incident is of 23.04.2008 and marg intimation was

lodged on the same day. As per marg intimation Ex. P/3 deceased Ratia Bai

died due to electric shock. After about 1 ½ year FIR was lodged on 11.10.2009

against the appellants, hence, there is inordinate delay in lodging the FIR and

no justifiable explanation was given for delay. Appellants were on bail during

Cr.A. No. 817/2022

trial. Final disposal of this appeal will take time. Learned counsel for the

appellants submits that there are so many material contradictions and

omissions in the statement of witnesses. Therefore, the remaining jail sentence

of the appellants may be suspended.

The prayer is opposed by learned Government Advocate stating that the

impugned judgment of conviction and order of sentence is based on proper

appreciation of oral as well as documentary evidence.

We have heard both the parties and perused the record.

Considering the overall facts and circumstances of the case, statements

of witnesses as well as the fact that final hearing of this appeal will take time,

without commenting on merits of the case, we deem it appropriate to suspend

the remaining jail sentence of the appellants.

Accordingly, I.A.No. 1275/2022 is allowed. Subject to depositing the

fine amount (if not already deposited), the remaining jail sentence of the

appellants is hereby suspended during the pendency of this appeal and it is

directed that on their furnishing a personal bond for a sum of Rs.50,000/-

(Rupees Fifty Thousand Only) each along with one surety in the like amount

each to the satisfaction of the trial Court by the appellant no. 1- Imrat @

Imritlal, appellant No. 2 Kissu @ Kishanlal, appellant No. 3 Hiralal and

appellant No. 4 Parashram @ Munna @ Ramawtar, be released on bail

with a further direction to remain present before theTrial Court, concerned

Cr.A. No. 817/2022

on 14th November, 2022 and on such other dates as fixed by the trial court in

this regard during the pendency of this appeal.

List for final hearing in due course.

C.C as per rules.

           (SUJOY PAUL)                            (PRAKASH CHANDRA GUPTA)
              JUDGE                                       JUDGE


  MISHRA

ARVIND KUMAR MISHRA
2022.07.30 13:06:15 +05'30'