Ashok vs The State Of Madhya Pradesh
2023 Latest Caselaw 5740 MP

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                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                CRA No. 5887 of 2021
                                                     (ASHOK AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 10-04-2023
                                          Shri Sharad Verma -Advocate for the appellants.

                                          Shri B.K. Upadhyay - Government Advocate for the respondent/State.

Heard on I.A. No.3355/2023, which is first application filed on behalf of the appellant No.1-Ashok for suspension of sentence and grant of bail.

The appellant No.1 has been convicted by the trial Court under Section

307 of IPC and sentenced to R.I. for 10 years with fine of Rs.1000/-, with default stipulation.

Learned counsel for the appellant No.1 has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant No.1 for the aforesaid offences. He further submits that co-accused persons namely Rakesh @ Nandkishor and Dayaldas have already been enlarged on bail by this Court. Appellant No.1 is in jail from the date of the judgment and disposal of this appeal would take considerable time, therefore, the custodial sentence of the

appellant No.1 may be suspended and he may be released on bail.

Learned Government Advocate has opposed the prayer for bail and submitted that role of the present appellant No.1 is different from other co- accused persons.

As per the prosecution case, present appellant No.1 caused 3 injuries to Bittu by stick. Out of three injuries as per Doctor, two are simple and one is Signature Not Verified SAN

grievous in nature. Appellant No.1 was in jail during the trial from 15.08.2018 to Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.04.11 10:53:48 IST 25.09.2019 and thereafter, from the date of judgment i.e. 21.09.2021.

Looking to the custody period of the appellant No.1 and injuries caused by the appellant No.1 and taking into account that disposal of this appeal would take considerable time, I deem it to be a fit case to suspend the custodial sentence of the appellant and to release him on bail, therefore, this application is allowed.

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 No.1-Ashok shall remain suspended and he shall be released on bail for securing his

presence before the trial Court on 04.09.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant Nos.1-Ashok shall regularly appear before the trial Court, on each and every date, without fail.

List this matter for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.04.11 10:53:48 IST