Kunal vs The State Of Madhya Pradesh
2022 Latest Caselaw 8363 MP

                                                                          1
                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT INDORE
                                                                  CRA No. 3809 of 2022
                                                       (KUNAL AND OTHERS Vs THE STATE OF MADHYA PRADESH )

                                       Dated : 23-06-2022
                                             Shri Ashish Gupta, learned counsel for the appellants.

                                             Ms. Bharti Lakkad, learned Govt. Advocate for the respondent/State.

Heard on the question of admission.

Admit.

Also heard o n I.A.No.5906/2022, which is an application under

Section 389(1) of Cr.P.C. for suspension of sentence filed on behalf of appellant no.1 Kunal and appellant no.2 Guddu @Omprakash.

The trial Court has convicted the appellants under sections 147, 148 and 304 (Part-2) of the IPC and sentenced to undergo 2 months R.I. each with fine of Rs.100/-, 4 months of R.I. each with a fine of Rs.200/- and 10 years of R.I. each with fine of Rs.500/- with default stipulation, vide judgment of conviction and order of sentence dated 13.04.2022 passed by 1st Additional Sessions Judge, District Barwani in S.T. No.600054/2016.

Learned counsel for the appellants referring FIR Exbhit-P/21 and

submits that deceased himself lodged the aforesaid FIR wherein the name of the appellants were not mentioned. The deceased on his statement recorded under section 161 of Cr.P.C. on next day of the incident disclosed the name of the appellants for the first time as assailants. The injuries found on the body of the deceased were of simple in nature and he was not Signature Not Verified SAN admitted in the hospital. He died after five days after the date of incident. Digitally signed by AJIT KAMALASANAN Date: 2022.06.23 18:30:53 IST As per the postmortem report prepared by Dr. Pradeep Kumar Porwal his

death was caused due to Myocardial Infarction and Pericardial Effusion in the heart. Dr. Porwal in paragraph 9 of his cross-examination had specifically stated that he did not find any injury on the chest of the deceased. Therefore, in such circumstances learned trial court has committed error in holding the appellants guilty for the offence punishable under section 304 (Part-B) of the IPC along with other offences. There is no likelihood of early conclusion of the trial. Therefore, in the aforesaid circumstances prays for suspension of sentence and enlargement of appellant on bail, on such terms and conditions this Court deems fit and proper.

P e r contra, learned Govt.Advocate opposes the prayer for suspension of sentence and the trial Court has rightly convicted the appellants.

Heard learned counsel for both parties and perused the record. Having considered the rival submissions, material pointed out by the counsel for the appellants and the fact that deceased was died after about five days of the incident and in his FIR lodged on the same date of the incident did not mentioned the name of the appellants as assailants and also considering the over all material and without commenting on the merits of the case, application I.A.No.5906/2022, is allowed.

It is directed that subject to depositing the fine amount, if already not deposited, appellant no.1 Kunal and appellant no.2 Guddu @Omprakash

Signature Not Verified shall be released on bail, on their furnishing personal bond in the sum of SAN

Digitally signed by AJIT KAMALASANAN Rs.50,000/- (Rupees Fifty Thousand Only) each along with solvent Date: 2022.06.23 18:30:53 IST

surety in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 22.08.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.5906/2022 stands disposed of.

List for final hearing in due course.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

ajit

Signature Not Verified SAN

Digitally signed by AJIT KAMALASANAN Date: 2022.06.23 18:30:53 IST