Ghanshyam Bairagi vs The State Of Madhya Pradesh
2022 Latest Caselaw 7673 MP

                                                                          1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                   CRA No. 1463 of 2012
                                                 (GHANSHYAM BAIRAGI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                      Dated : 13-06-2022
                                            Shri Alok Vagrecha, learned counsel for the appellant.

                                            Shri Ajay Shukla, learned for the respondent/State.

I A . No.5941/2022, ninth repeat application u/S.389 Cr.P.C. for suspension of sentence moved on behalf of appellant No.1- Ghanshyam Bairagi, is taken up and considered along with reply of the State.

This criminal appeal assails the judgment dated 04.07.2012 passed in

S.T. No.13/2011 by Special Judge (S.C./S.T Act), Mandla (M.P.) whereby appellant No.1 has been convicted u/S.323 and 302 of IPC and sentenced to undergo R.I. for six months with fine of Rs.500/- and life imprisonment with fine of Rs.1,500/- with default stipulations.

Learned counsel for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for suspension of sentence is made out.

Prosecution story which has been found to be proved in short is that based on some boundary dispute of the agricultural field an argument took

place, which enraged the appellant No.1 who in turn inflicted single blow on the head of deceased Ganpatia Bai, who succumbed to the said injury. The medical evidence reveals that single blow on the head was the cause of death.

The appellant has suffered more than 11 years of incarceration and there is no hope of appeal being decided in near future.

Signature Not Verified SAN Accordingly, without entering into the merits of the matter and in Digitally signed by MOHAMMED MOHSIN QURESHI Date: 2022.06.14 10:08:58 IST absence of criminal antecedents, this Court is inclined to grant bail to appellant

by way of suspension of sentence. Hence, IA.5941/2022 is allowed.

It is directed that jail sentence of appellant No.1- Ghanshyam Bairagi will remain under suspension subject to deposit of fine amount, if not already deposited, and on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of concerned available Magistrate for his appearance before concerned available Magistrate on 05.09.2022 and on such further dates as may be fixed in this regard which shall be of frequency not less than once a year.

In case, appellant is found absent on any date fixed by the concerned

available Magistrate, then concerned available Magistrate shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

Learned concerned available Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. as well as the State Govt. during release, travel and residence of the appellant during period of suspension of sentence as a consequence of this order.

A copy of this order be sent to the trial Court concerned for compliance. C.C. as per rules.

                                         (SHEEL NAGU)                                      (ARUN KUMAR SHARMA)
                                             JUDGE                                                JUDGE

                                      mohsin

Signature Not Verified
  SAN




Digitally signed by MOHAMMED MOHSIN
QURESHI
Date: 2022.06.14 10:08:58 IST