Fulsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 6707 MP

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                       CRA No. 892 of 2016
                                          (FULSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 25-04-2023
                                 Shri Bhashkar Agrawal, learned counsel for the appellant.

                                 Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
                           respondent/State.

Heard on I.A. No.2297/2020, which is repeat second application for suspension of jail sentence and grant of bail filed under section 389(1) of the

Cr.P.C. on behalf of appellant no.1-Fulsingh.

First application of the appellant was dismissed on merit vide order dated 13.02.2017.

The trial Court has convicted the appellant under Section 304 Part-I read with Section 34 of the I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs1,000/- with default stipulation, vide judgment of conviction and order of sentence dated 27.05.2016 passed by the Addl. Sessions Judge, Narsinghgarh, District- Rajgarh in S.T. No.314/2014.

As per prosecution case, on 14.05.2014 at about 9:30 pm complainant

Ramprasad (P.W.-4) along with deceased-Nannulal was returning from village Kuwar Kothi, where, on the way near the dam his nephew co-accused Amarsingh and his brother-in-law Phoolsingh standing armed with knives and stopped them. Due to an old enmity Phoolsingh inflicted knife on Ramprasad as a result of which he sustained injuries in his stomach and co-accused Amarsingh also inflicted knife blow on the right side of his chest, when deceased-Nannulal intervened in the matter, the present appellant inflicted knife blow on stomach of the deceased and fled away from the spot. Thereafter, Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 26-04-2023 15:06:45

Nannulal went to his village and informed Shivnarayan (PW.1). Thereafter Ramprasad lodged the report at Police Station-Pachour. On which offence under sections 314, 324, 307, 302 read with section 34 of IPC was registered. During treatment Nannulal died on 07.07.2014.

Learned counsel for the appellant submits that he has no intention to cause death of the deceased. As per prosecution case he has given single blow of knife to the deceased. The trial Court has partly disbelieved on the statement of Ramprasad (P.W.-4) and acquitted the present appellant and co-accused for the offence relating to causing injury to Ramprasad (P.W.-4). Learned Trial Court has convicted the present appellant on relying the statement of Gheesalal

(P.W.-3) and Ramprasad (P.W.-4) for the aforementioned offence. The present appellant is in custody for more than six and half years. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

P e r contra, learned Govt. Advocate for the respondent/State has opposed the prayer of the appellant and prays for its rejection.

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

Looking to the facts and circumstances of the case and also considering the evidence available on record against the appellant and without expressing any opinion on merits of the case, the application I.A. No.2297/2020 is allowed and the jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, appellant no.1-Fulsingh shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only)

Signature Not Verified along with solvent surety in the like amount to the satisfaction of trial Court, for Signed by: AJIT KAMALASANAN Signing time: 26-04-2023 15:06:45

his appearance before the Registry of this Court firstly on 17.07.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List for final hearing in due course.

C.C. as per rules.

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

                           ajit




Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 26-04-2023
15:06:45