Pankaj Patil vs The State Of Madhya Pradesh
2023 Latest Caselaw 6036 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 5131 of 2018
                                         (PANKAJ PATIL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-04-2023
                                 Shri Anirudh Mishra - Advocate for the appellant No. 1 - Pankaj Patil.

                                 Shri Arvind Singh - G.A. for the respondent-State.

Heard on I.A. No.22258/2022, application for suspension of sentence and grant of bail to appellant No. 1 - Pankaj Patil.

T h e appellant has been convicted under Section 302 of I.P.C. and

sentenced to undergo RI for life and fine of Rs.2,000/- and under Section 307 of IPC and sentenced to undergo RI for seven years and fine of Rs.1000/- with default stipulations.

Learned counsel for the appellant at the outset submits that no previous application for suspension of sentence is decided on merits. As per the prosecution story on 21.06.2013 near Arjun Nagar slum, Ayodhya Nagar, Piplani, Bhopal a quarrel had suddenly taken place between Pankaj Patil and Guddu Patil. The deceased-Mukesh tried to resolve the dispute and because of that Pankaj Patil got annoyed and that quarrel took an ugly shape. During the

quarrel, as per prosecution story, the appellant - Pankaj Patil and another accused persons caused injuries by means of knife to Mukesh (deceased) and Radheshyam. The Mukesh died on the same night. Radheshyam entered the witness box and deposed against the appellant.

Learned counsel for the appellant by taking this Court to para 46 of the impugned judgment submits that appellant is in custody since 23.06.2013 continuously. The factual backdrop shows that there was no enmity between the appellant and deceased person. A sudden quarrel took an ugly shape in Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 4/13/2023 5:39:19 PM

which in sudden impulse the appellant allegedly caused injury on the deceased persons. Thus, necessary ingredients for invoking Section 302 of IPC are absent. There is no premeditation or intention to cause such injuries. Considering the aforesaid, coupled with the fact appellant remained in custody for more than 9 and half years and final hearing of this appeal is not possible in near future the remaining jail sentence of this appellant may be suspended.

The prayer is opposed by Shri Singh on the strength of the objection. We have heard the parties and perused the record. Considering the aforesaid factual backdrop, we deem it appropriate to suspend the remaining jail sentence of this appellant without expressing any

conlusive opinion on the merits of the case.

Accordingly, aforesaid I.A. is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant No. 1 - Pankaj Patil be released on bail on his furnishing a personal bond for a 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, Bhopal on 12 th June, 2023 and also on such other dates as may be fixed by the trial court in this regard during the pendency of this appeal.

C c as per rules.

Learned counsel for the appellant prays for withdrawal of I.A. No. 3833/2021 and I.A. No. 21071/2021.

Prayer is allowed.

Aforesaid, I.As. are dismissed as withdrawn.

Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 4/13/2023 5:39:19 PM

(SUJOY PAUL) (DWARKA DHISH BANSAL) JUDGE JUDGE Akm

Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 4/13/2023 5:39:19 PM