[email protected] Jaggu vs The State Of Madhya Pradesh
2022 Latest Caselaw 15733 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 6101 of 2022
                                            (JAGDISH @ JAGGU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 29-11-2022
                                 Shri L.N. Sakle, learned counsel for the appellant.

                                 Shri Aditya Narayan Gupta, learned Government Advocate for the
                           respondent/State.

Shri Mayank Sharma, learned counsel for the objector. Trial Court record has been received.

Heard on admission.

Prima facie, this appeal seems to be arguable. Hence, admitted for final hearing.

Heard on I.A.No.13338/2022 which is an application under Section 389(1) of the Cr.P.C.for suspension of sentence and grant of bail.

The appellant has been convicted under Sections 307/34 of IPC and has been sentenced to undergo R.I. for 7 years and fine of Rs. 5000/- with default stipulations vide judgment of conviction and sentence order dated 20.06.2022, passed by the Session Judge, Harda in Sessions Trial No. 38/2020 (State of M.P. Vs. Hareram @ Daku & Another).

Learned counsel for the appellant has submitted that in the Dehati Nalisi and FIR, no role has been attributed to the appellant - Jagdish @ Jaggu, except his presence on the spot, but later in the evidence before the Court a new story was developed and it has been deposed that he had caught hold the hand of Ramshankar, whereas injuries were caused by Hareram @ Daku that is material improvement in the evidence of the prosecution witnesses, but learned trial Court has not considered this aspect of the matter and has wrongly convicted Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 11/30/2022 3:38:47 PM

appellant for commission of offence under Section 307/34 of IPC. He has fair chances to succeed in the appeal. Therefore, it has been prayed that appellant - Jagdish @ Jaggu be released on bail.

On the other hand, learned G.A. for the respondent/State has opposed the prayer for grant of bail and has submitted that Rajat Sharma (PW1) and injured Ramshankar in their evidence has specifically stated that Ramshankar was caught hold by appellant - Jagdish @ Jaggu and injuries were caused by Hareram @ Daku. Therefore, he be not released on bail.

In the course of trial appellant - Jagdish @ Jaggu was on bail and he has not misused the opportunity granted to him by way of bail. Earlier, he had been

in jail for a period of almost 3 months and thereafter, he is in jail since 20.06.2022. I have gone through the evidence of witnesses and material available on record, but without expressing any opinion on the merits of the case, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, aforesaid I.A.No.13338/2022 is allowed. The execution of jail sentence of appellant- Jagdish @ Jaggu is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to 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 Registry of this Court on 05.03.2023 and also on such other dates, as may be fixed by the Registry in this regard during the pendency of this appeal.

List the case for final hearing in due course as per listing policy. Certified copy as per rules.

Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 11/30/2022 3:38:47 PM

(DINESH KUMAR PALIWAL) JUDGE Jasleen

Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 11/30/2022 3:38:47 PM