Madhya Pradesh High Court
Oam Prakash Alias Prakash vs The State Of Madhya Pradesh on 4 July, 2022
Author: Vivek Rusia
- : 1 :-
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
Criminal Appeal No.751 of 2015
(OM PRAKASH @ PRAKASH AND OTHER Vs THE STATE OF MADHYA
PRADESH)
Dated :04-07-2022
Shri Manish Kumar Vijaywargiya, learned counsel for the
appellant no.2.-Anil Rathore.
Shri Mukesh Kumawat, learned Govt. Advocate for the
respondent/State.
Heard on I.A. No.5527/2022, repeat second application filed
under section 389 of the Cr.P.C.,1973 on behalf of appellant no.2.-
Anil Rathore seeking suspension of jail sentence.
The appellant along with other co-accused persons have been
convicted and sentenced by Addl. Sessions Judge, Sarangpur,
Rajgarh vide judgment dated 13-04-2015 passed in S.T. No.84/2014
as under:-
Offence U/s Sentence Fine amount Imprisonment in lieu of
Awarded (Rs.) fine amount
341 of IPC 1 month R.I. Rs.500/- 5 days R.I.
302/34 of IPC Life Rs.10,000/- 3 years R.I.
Imprisonment
As per prosecution story, on 20.01.2014 near about 9 p.m.
Satish Jaiswal was constructing his house and he had a dispute with
these three appellants in respect of the said construction. Bhagwan
Singh, Prem and Gajraj Singh also came on the spot and intervened
in the dispute and thereafter all the accused went back to their house
and after sometime they all came back with Katar and Knife and
started assaulting Gajraj Singh because he was intervening in their
dispute.
Learned counsel for the appellant submit that as per the
autopsy report and the statement of P.W.-8 the deceased Gajraj
Singh died due to injury no.5 caused by Omprakash on the chest. So
far, this appellant is concerned he has caused simple injury on the
- : 2 :-
hand and he had no intention to kill. There was no previous enmity
and the dispute arose suddenly with Satish Jaiswal in which Gajraj
Singh came into and sustained the injuries. Counsel further
submitted that appellant has completed more than eight and half
years of jail sentence. This appeal is of 2015 and will not come for
final hearing in near future and hence prayer has been made for
suspension of jail sentence.
Learned Govt. Advocate for the respondent/State opposes the
prayer for suspension of jail sentence.
Looking to the over facts of this present appeal and the
injuries caused by the appellant on the hand of the deceased which
ijs not a vital part of the body and the injury is of simple in nature
and there is no likelihood of final hearing of this criminal appeal in
near future, without commenting on the merits of the case the
application for suspension of sentence I.A. No.5527/2022 is
allowed. The execution of jail sentence of the appellant is hereby
suspended and it is ordered that the appellant no.2.-Anil Rathore be
released on bail subject to depositing fine amount, if already not
deposited, and on their furnishing a personal bond of sum of
Rs.50,000/-(Fifty Thousand only) with one solvent surety of the
like amount to the satisfaction of the trial Court with a further
direction to appear before the Registry of this Court on 19.12.2022
and also on such other dates, as may be fixed by the Registry of this
Court in this regard during the pendency of this appeal.
List this matter for final hearing in due course.
I.A. No.5527/2022 stands disposed of.
Certified copy as per rules.
(VIVEK RUSIA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
Ajit/-
AJIT Digitally signed by AJIT KAMALASANAN
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH
INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH
KAMALASAN
INDORE, postalCode=452001, st=Madhya Pradesh,
2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba241effad89
2107d95ef0a1afc55b4,
pseudonym=CFDFD9C36711CA738F527A5D61A1EE901C09EF
29,
AN
serialNumber=7F0BEE2D78BD57DA058F3247441C87E7E0817
FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN
Date: 2022.07.05 17:25:33 +05'30'
