Devendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 3585 MP

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   THE HIGH COURT OF MADHYA PRADESHBENCH AT INDORE

   (D.B.: HON'BLE Mr. JUSTICE VIVEK RUSIA AND HON'BLE Mr.
            JUSTICE AMAR NATH (KESHARWANI) JJ.)
                    Criminal Appeal No.1242/2011
                     (Devendra V/s. State of M.P.)
Indore, Date: 14.03.2022:

      Ms. Aarti Kumawat , learned counsel for the appellant.
      Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
respondent/State.

Heard on I.A. No.2719/2022, which is repeat 3rd application for suspension of sentence filed under section 389(1) of the Cr.P.C. on behalf of appellant- Devendra.

The appellant has been convicted vide judgment dated 24.08.2011 in Session Trial No.818/2010 passed by the Additional Session Judge and Special Judge No.5, Indore as below:-

    Conviction                              Sentence
Section    Act       Imprisonment       Fine deposited Imprisonment
                                        details        in lieu of Fine
147        IPC       3 months                   -              -

302/149    IPC       Life                     1000/-    3 month R.I.

As per prosecution story, on 07.07.2010, nearby about 11.30 p.m., Pawan and Monu were going on motorcycle bearing registration No.CG04-CF-1778 and when they reached near Hanuman Temple at A.B. Road, Rajesh, who was driver of Dumper bearing registration No.MP09-GE-3712, suddenly opened the door of the dumper because of which all of three fell down from the motorcycle and Pawan sustained injury and dispute arose between them. The dumper driver called cleaner Chain Singh, Devendra and Altaf and the all started assaulting Pravesh, Pawan and Monu. Praven and Monu fled away from the spot and Pawan was assaulted by them. The allegation against the appellant is that he assaulted the injured by means of baseball. After evaluation of evidence

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came on record, all the accused have been convicted under Sections 147 and 302/149 of IPC.

Learned counsel for the appellant submits that appellant has undergone more than 11 years of jail sentence and 16 years along with the remission. The dispute suddenly arose and there was no premeditation and the injury was caused in the heat of passion. The offence would not travel more than Section 304 (Part-II) of the IPC for which the appellant has already undergone sufficient period of jail sentence.

Learned Govt. Advocate for the respondent/State opposes the prayer for suspension of sentence.

Considering the facts and circumstances of the case, allegations against appellant and period of custody and there is no likelihood of final hearing of this criminal appeal in near future, without commenting on the merits of the case the application for suspension of sentence I.A. No.2719/2022 is allowed. Execution of jail sentence of the appellant is hereby suspended and it is ordered that the appellant -Devendra 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 in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellant shall mark his presence before the registry of this Court on 26/09/2022 and on all such subsequent dates, which are fixed in this regard by the Registry.

I.A. No.2719/2022 stands disposed of.

List the appeal for final hearing in due course. Certified copy as per rules.

              (VIVEK RUSIA )                           (AMAR NATH (KESHARWANI))
                 JUDGE                                              JUDGE
N.R.

Digitally signed by
NARENDRA KUMAR
RAIPURIA
Date: 2022.03.15 11:53:16
+05'30'