Madhya Pradesh High Court
Ajay Bagwan vs The State Of Madhya Pradesh on 20 July, 2022
Author: Anjuli Palo
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 931 of 2022
(AJAY BAGWAN Vs THE STATE OF MADHYA PRADESH)
Dated : 20-07-2022
Shri Jeevan Singh Gurjar, Advocate with Shri Rahul Kumar Chourasiya,
Advocate for the appellant.
Shri C.K. Mishra, Government Advocate for the State.
Ms. Sonali Shrivastava, Advocate for the complainant.
Heard on question of admission.
The appeal is admitted for final hearing.
Also heard on I.A. No.1473/2022, which is first application under
section 389 (1) of Cr.P.C. on behalf of appellant- Ajay Bagwaan for suspension
of sentence and grant of bail.
B y the impugned judgment dated 17.12.2021 passed by the Second
Additional Sessions Judge, Aasta, District Sehore in S.T. No.133/2019, the
appellant has been convicted by the trial Court under Section 307 of IPC and
has been sentenced to undergo R.I. for 10 years with fine of Rs. 10,000/- with
default stipulations.
Learned counsel for the appellants has submitted that the appellant and
complainant are co-worker/colleagues. Appellant is aged about 28 years. The
appellant and the complainant have entered into compromise and have amicably
settled their dispute. He has placed reliance on the decisions in the cases of
Ishwar Singh Vs. State of Madhya Pradesh, Laws(SC)-2008-10-52, Bhura
@ Ramsewak Noriya and others Vs. State of Madhya Pradesh, Criminal
Signature Not Verified
SAN Appeal No.666 of 2020, judgment dated 17.11.2021, Sodan Singh Vs. The
Digitally signed by NITESH PANDEY
Date: 2022.07.21 17:48:06 IST State of Madhya Pradesh, Criminal Apeal No.662 of 2019, Order dated
29.03.2019, Bablu and others Vs. State of M.P., Criminal Appeal No.5354
of 2019, Order dated 20.08.2019. It is further submitted that the appellant is in
custody and disposal of this appeal will take considerable time to conclude,
therefore, the jail sentence of the appellant may be suspended and he may be
released on bail.
Learned Panel Lawyer has opposed the prayer for suspension of
sentence.
Learned counsel for the objector has no objection, if appellant is released
on bail.
I.A. No.1473/2022 has been filed by the appellant along with this appeal.
Compromise applications has been filed on behalf of the complainant and
appellant. Vide order dated 26.04.2022, this Court directed to place the matter
before Registrar (Judicial) for verification of compromise between the parties.
In compliance thereof, the parties appeared before Registrar (Judicial-II) and the
Registrar (J-II) has verified the compromise between the parties and has
observed that the appellant and complainant have compromised voluntarily
without any threat and inducement. Thereafter, on 09.05.2022, this Court has
held that factum of compromise between the parties may be taken into
consideration at the time of awarding sentence.
Although, the offence under Section 307 of I.P.C. is not compoundable,
however, looking to the aforesaid facts and circumstances as also taking into
account that parties are co-workers/colleagues and objector has no objection, if
appellant is released on bail as also custody period of appellant, I find it to be a
fit case to suspend the custodial sentence of the appellant and to release him on
Signature Not Verified
SAN
bail, therefore, without commenting on the merits, this application is allowed.
Digitally signed by NITESH PANDEY
Date: 2022.07.21 17:48:06 IST
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.40,000/- (Rupees
Forty Thousand only) with one surety in the like amount to the satisfaction of
the trial Court concerned, the custodial sentence of appellant namely Ajay
Bagwan shall remain suspended and he shall be released on bail for securing
his presence before the trial Court concerned on 14.12.2022 and on such other
dates as may be fixed in this regard during pendency of this appeal.
The appellant shall regularly appear before the trial Court concerned on
each and every date, without fail.
List the matter for final hearing in due course.
(SMT. ANJULI PALO)
JUDGE
Nitesh
Signature Not Verified
SAN
Digitally signed by NITESH PANDEY
Date: 2022.07.21 17:48:06 IST
