Madhya Pradesh High Court
Kailash vs The State Of Madhya Pradesh on 3 March, 2022
Author: Rajendra Kumar (Verma)
1
The High Court Of Madhya Pradesh
CRA No. 7864 of 2019
(KAILASH Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 03-03-2022
Shri Bharat Yadav, learned counsel for the appellant.
Ms. Varsha Thakur, learned Dy. Govt. Advocate for the respondent/State.
Heard on I.A. No.28323/2021, a repeat (second) application under Section
389 (1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of
appellant-Kailash.
The appellant has been convicted for offence punishable under Section 326
of IPC, 1860 and Section 25(1)(b)(b) of Arms Act, 1959 and sentenced to
undergo 5 years and 1 year R.I within fine of Rs.500/- under each sections and
usual default stipulations vide judgment dated 29.08.2019 passed by First
Additional Sessions Judge, District Dhar, in S.T. No.184/2017.
Learned counsel for the appellant submits that he is not seeking bail on merit
but on the ground that the appellant has completed more than half of the sentence.
There are fair chances of success in the appeal and there is no likelihood of
disposal of appeal in near future. Under these circumstances, counsel prays for
suspension of remaining jail sentence of appellant and grant of bail.
Learned Government Advocate for the respondent / State opposes the
application by submitting that grievous injury has been caused by the appellant by
'faliya'.
Keeping in view the fact that the injury was not caused on the vital part of
the injured, the appellant is in custody for more than 2 years and 7 months i.e.
more than half of the sentence, so also in light of order passed by Division Bench
of this Court in Cr.A. No.1167/2014, in which this Court has granted suspension
of sentence as the appellant therein was in custody for more than 10 years without
remission by relying upon a judgment delivered in the case of Supreme Court
Legal Aid Committee Representing under trial Prisoners v/s Union of India
& Others reported in (1994) 6 SCC 731, I deem it proper to suspend the
SUMATHI
JAGADEESA remaining jail sentence of the appellant.
N
Digitally signed by SUMATHI JAGADEESAN
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
BENCH INDORE, ou=JUDICIAL, postalCode=452001,
st=Madhya Pradesh,
Accordingly, I.A. No.28323/2021 is allowed and it is directed that subject
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556251c6a1b1fca11a86643b2a2,
pseudonym=BEF252392AFC4F748B6F8C1E18D805F
7FACD91F2,
serialNumber=28E58B6FE482FD4DF2469FAAFF13E8
36178C3C81533BF4D0F8641FFAB3DD337B,
cn=SUMATHI JAGADEESAN
Date: 2022.03.05 17:09:52 +05'30'
to depositing the fine amount and on furnishing personal bond by appellant in the
sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in the like
amount to the satisfaction of the learned trial Court, for his regular appearance
before this Court, the execution of custodial part of the sentence imposed against
the appellant shall remain suspended, till the final disposal of this appeal.
Appellant Kailash after being enlarged on bail, shall mark his presence
before the Registry of this Court on 22.08.2022 and on all such subsequent dates,
as may be fixed by the Registry in this regard.
List in due course.
Certified copy, as per Rules.
(RAJENDRA KUMAR (VERMA))
JUDGE
sumathi
SUMATH
Digitally signed by SUMATHI
JAGADEESAN
DN: c=IN, o=HIGH COURT OF
MADHYA PRADESH BENCH INDORE,
I
ou=JUDICIAL, postalCode=452001,
st=Madhya Pradesh,
2.5.4.20=2c031063fea95cabb51a543
2c9ce6df4c49ae556251c6a1b1fca11
JAGADE
a86643b2a2,
pseudonym=BEF252392AFC4F748B
6F8C1E18D805F7FACD91F2,
serialNumber=28E58B6FE482FD4DF
ESAN
2469FAAFF13E836178C3C81533BF4
D0F8641FFAB3DD337B,
cn=SUMATHI JAGADEESAN
Date: 2022.03.05 17:10:10 +05'30'
