Sandeep vs The State Of Madhya Pradesh
2022 Latest Caselaw 13868 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 8078 of 2022 (SANDEEP AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 27-10-2022 Mr.Prakash Kumar Gupta, learned counsel for the appellant.

Ms.Seema Sahu, learned P.L. for the State.

Considered I.A.No.17259/2022, which is first application for suspension of sentence and grant of bail on behalf of appellants-Sandeep Malik and Sadanand Malik.

Vide impugned judgment dated 23.8.2022 passed by Second ASJ, in ST

No.400292/2015 by the appellants have been convicted for offences under sections 307/34, 323/34 (for Ajit) and 323/34 (for Jaimala) and sentenced to undergo R.I. for 05, 01 & 01 years each with fine of Rs.1000/-, Rs.500/- & Rs.500/- each.

Learned counsel for the appellants submitted appellants are innocent and have been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. The appellants have served substantial jail sentence and they are in custody since the date of judgment. The final disposal of this appeal would take

considerable time. Hence, prayer has been made to suspend the jail sentence of the appellants.

Learned Panel Lawyer has strongly opposed the prayer for suspension of sentence.

From perusal of the record it is apparent that Sadanand gave fatal blows Signature Not Verified SAN in which three persons suffered injuries. Injured-Usha received 08 injuries and Digitally signed by RAJESH MAMTANI Date: 2022.10.27 18:04:43 IST fracture. All injuries caused incised wounds.

Looking to the nature of allegation against appellant-Sadanand, prayer for suspension of sentence in respect of him stands rejected. As far as appellant- Sandeep is considered taking into account the facts and circumstances of the case and nature of allegations against him, the application is allowed. The jail sentence of appellant-Sandeep is suspended.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant-Sandeep shall remain suspended and he shall be released on bail for securing his presence

before the trial Court on 27.02.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.The appellant shall regularly appear before the trial Court, on each and every date, without fail.

I.A.No.17259/2022 is partly allowed. It is dismissed as far as appellant- Sadanand is concerned. However, it is allowed in relation to appellant-Sandeep.

List this case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.10.27 18:04:43 IST