Kanji vs The State Of Madhya Pradesh
2023 Latest Caselaw 6575 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                     CRA No. 4372 of 2022
                                          (KANJI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 24-04-2023
                               Shri Vivek Singh - Advocate for the appellants.

                               Shri K. K. Tiwari - Govt. Advocate for the respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Also, heard o n I.A. No.4209/2023, which is first application for

suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C filed on behalf of the Appellant - Kanji.

The Trial Court has convicted the appellant under Section 302/34 of IPC and sentenced to undergo Life Imprisonment with fine of Rs. 10,000/- with default stipulation, vide judgment of conviction and order of sentence dated 22.04.2022 passed by Sessions Judge, Jhabua (M.P.) in S.T. No.34/2020.

As per prosecution case, on 01.11.2019 at around 03:00 PM, due to old dispute, the present appellant gave kick blow on the stomach of deceased Savla because of which he fell down on the ground and other accused Alpa slapped

the deceased. The deceased had died on 04.11.2019, due to rupture of intestine.

Learned counsel for the appellant submits that he has not committed the offence and has falsely been implicated in the case. The appellant has not used any weapon in the crime. He gave kick blow on the deceased. After four days of the incident, the deceased had died. The appellant has no motive to kill the deceased, therefore, the offence does not come under Section 302 of IPC but, comes only under Section 325 of IPC. During trial, He was on bail and after judgement i.e., 22.04.2022, he is in custody. Final hearing of this appeal is not Signature Not Verified Signed by: SHRUTI JHA Signing time: 25-04-

2023 19:03:57

possible in near future. Therefore, it is prayed that remaining jail sentence may be suspended and the appellant may be released on bail.

Per contra, learned Govt. Advocate for the respondent/State has objected the prayer and prayed for rejection of his application.

We have heard learned counsel for both the parties and perused the record.

Considering the evidence available on record against the appellant, coupled with the fact that final hearing of this appeal is not possible in near future. Therefore, without commenting on merits, we are inclined to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.4209/2023, is allowed.

I t is directed that subject to depositing the fine amount, if already not deposited, Appellant - Kanji shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 22.06.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

In view of the aforesaid, I.A.4210/2023, which is an application for urgent hearing stands disposed off.

C.C. as per rules.

                            (S. A. DHARMADHIKARI)                         (PRAKASH CHANDRA GUPTA)
                                     JUDGE                                         JUDGE

                         Shruti




Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 25-04-
2023 19:03:57