Citation : 2022 Latest Caselaw 3485 MP
Judgement Date : 11 March, 2022
1
The High Court Of Madhya Pradesh
CRA No. 6861 of 2021
(TARAJ @ RAJSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 11-03-2022
Ms. Indu Pande, Advocate for the appellants.
Shri Yogesh Dhande, Govt. Advocate for the respondent/State.
Heard on I.A. No.2291/2022 for suspension of sentence and grant of bail filed on behalf of the appellant No.1 Taraju @ Rajsingh.
T he appellant No.1 has been convicted vide judgment dated 11.08.2021 passed by the First Additional Sessions Judge Gadarwara, District Narsinghpur
(M.P.) in S.T. No.71/2015 for commission of offence punishable under Sections 302 (two counts) of the Indian Penal Code and sentenced to undergo Life Imprisonment (two counts) with fine of Rs.2000/- with default stipulation.
As per prosecution story, the appellants along with other co-accused persons assaulted two persons namely Gajendra and Babu. Gajendra died on the same day, whereas Babu was alive for about two months.
Learned counsel for the appellant No.1 submits that the appellant No.1 is in jail for about eight years. He has deposited the fine amount before the trial Court. It is alleged that the present appellant caused injury by a pipe and the pipe recovered
from the possession of the appellant No.1 was sent to the Forensic Science Laboratory for examination and vide its report dated 30.05.2015, there was no human blood on the seized article. Further, the injury caused to the victim was not dangerous to life. The final hearing of this appeal is not possible in near future, therefore the remaining jail sentence of appellant No.1 may be suspended and he may be granted bail.
Learned Govt. Advocate for the State has opposed the bail application. We have heard the parties at length and perused the relevant statement/record.
Considering the aforesaid fact coupled with the custody period of the appellant No.1 and the arguments advanced by the parties, the final hearing of this appeal will take time, without expressing any opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant No.1 Taraju
@ Rajsingh.
Accordingly, I.A. No. 2291/2022 is allowed. Execution of jail sentence of appellant No.1 Taraju @ Rajsingh is hereby suspended and it is ordered that he be released on bail on his furnishing a personal bond for the sum of
Rs.30,000/- (Rupees Thirty 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, District Narsinghpur on 22.06.2022 and such further dates as may be fixed in this regard.
List this case for final hearing in due course.
Certified copy/e-copy as per rules/directions.
(SUJOY PAUL) (ARUN KUMAR SHARMA)
JUDGE JUDGE
pn
Signature Not Verified
SAN
Digitally signed by PANKAJ NAGLE
Date: 2022.03.14 10:48:39 IST
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