Gopal vs The State Of Madhya Pradesh
2022 Latest Caselaw 7677 MP

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       IN THE HIGH COURT OF MADHYA PRADESH
                      AT INDORE
              Criminal Appeal No.40 of 2012
          (GOPAL Vs THE STATE OF MADHYA PRADESH)
Dated :13-06-2022
       Shri Ramesh Kumar Yadav, learned counsel for the
appellant.
       Shri Mukesh Kumawat, learned Govt. Advocate for the
respondent/State.

Heard on I.A. No.4483/2022, repeat 4th application filed under section 389 (1) of the Cr.P.C.,1973 on behalf of appellant- Gopal seeking suspension of jail sentence.

The appellant has been convicted and sentenced by the learned learned First Additional Sessions Judge, Dhar (M.P.) in Sessions Trial No.221/2011 vide judgment dated 17.12.2011 as under:-

 Offence U/s    Sentence      Fine      amount Imprisonment in lieu of
                Awarded       (Rs.)            fine amount
 302 of IPC     Life         Rs.500/-          1 month R.I.
                Imprisonment

Learned counsel appearing for the appellant through Legal Aid submits that the injuries sustained by the deceased are simple in nature as per the evidence of Dr. Vijay Singh, P.W.-8. The prosecution story is a concocted story that the deceased was murdered by this appellant by dashing tractor but postmortem report was not corroborating with the said story. The doctor has clearly opined that deceased died due to multiple organ failure. The injuries were simple in nature and which could have been sustained by doing agricultural work. He further submits that appellant is in jail since last 11 years. This appeal is of 2011 and it is not likely to come up for final hearing in near future therefore, prays for suspension of jail sentence.

Learned Govt. Advocate for the respondent/State opposes

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the prayer for suspension of jail sentence.

Keeping in view the facts in totality and especially the period of almost 11 years of incarceration, we are of the opinion that the jail sentence of the appellant deserves to be suspended.

Accordingly, I.A. No.4483/2022 is allowed. The execution of jail sentence of the appellant is hereby suspended and it is ordered that the appellant- Gopal 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.4483/2022 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 INDORE, postalCode=452001,

KAMALAS st=Madhya Pradesh, 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6c ba241effad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D61A 1EE901C09EF29,

ANAN serialNumber=7F0BEE2D78BD57DA058F3247441 C87E7E0817FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN Date: 2022.06.14 10:40:01 +05'30'