Baldev vs The State Of Madhya Pradesh
2022 Latest Caselaw 8436 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                             CRA No. 9 of 2016
                     (BALDEV Vs THE STATE OF MADHYA PRADESH)

Dated : 24-06-2022
      Ms. Indu Pandey, learned counsel for the appellant.

      Shri Pramod Thakre, learned G.A. for the respondent/State.

Heard on I.A. No. 16976/2021, which is an application for suspension of sentence and grant of bail to appellant - Baldev is taken up.

The appellant has been convicted under Section 302 of the I.P.C.

and sentenced to undergo RI for life and fine of Rs.5,000/-, 450 of IPC and sentenced to undergo R.I. for 10 years and fine of Rs. 5,000/- with default stipulations.

Le a r n e d counsel for the appellant submits that no previous application for suspension of sentence was decided on merits. The appellant is in custody since 17.08.2014. By taking this Court to the prosecution story, learned counsel for the appellant submits that on 17.08.2014 two quarrels have taken place within the family and more particularly between the present appellant and deceased Lalwati. In

relation to the first quarrel, when second quarrel had taken place because of heat of moment appellant took out a wood from the 'Chulha' and assaulted the deceased because of which she died. Appellant did no carry any deadly weapon with him when second quarrel had taken place. He remained in custody for about 8 years. The final hearing of this appeal of 2016 is not possible in near future, thus, the remaining jail sentence of this appellant may be suspended. The necessary ingredients for attracting

section 302 of IPC are missing. On these grounds learned counsel for the appellant prays for suspension of sentence and grant of bail to the appellant.

Learned Government Advocate for the respondent/State opposed the application on the strength of nature of injuries mentioned in of Para 9 of the judgment.

We have considered the aforesaid factual backdrop. Considering the period of custody and nature of incident coupled with the fact that final hearing of this matter is not possible in near future, without expressing any conclusive opinion on merits of the case, we deem it proper to suspend the

remaining jail sentence of the appellant, Accordingly, IA No. 16976/2021 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant is hereby suspended and it is directed that the appellant- Baldev be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees 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 trial court, Chhindwara on 19.12.2022 and also on such other dates as may be fixed by the trial court in this regard during the pendency of this appeal.

C c as per rules.

                                        (SUJOY PAUL)                                        (SMT. ANJULI PALO)
Signature Not Verified
  SAN                                      JUDGE                                                  JUDGE

Digitally signed by AKANKSHA MAURYA
Date: 2022.06.25 11:47:31 IST
                                      Akm