Ramdas @ Harilal Kol vs The State Of Madhya Pradesh
2023 Latest Caselaw 6795 MP

                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 2162 of 2022
                                   (RAMDAS @ HARILAL KOL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 26-04-2023
                                Shri Raman Patel with Shri Mahesh Pratap Singh - Advocates for the

                          appellants.
                                Shri A.N. Gupta - Government Advocate for the respondent / State.

Heard on I.A No. 3849 of 2022, application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.1

Ramdas @ Harilal Kol and appellant No.2- Sohan @ Babbu arising out of judgment dated 07th February, 2022 delivered in S.T. No. 161 /2018 by Principal Sessions Judge, Katni.

At the outset, Shri Raman Patel, learned counsel for the appellant seeks to withdraw this I.A. for appellant No.1 Ramdas @ Harilal Kol and pressed the IA for appellant No.2 Sohan @ Babbu.

The appellant No.2 Sohan @ Babbu has been convicted under Section 302/34 of the I.P.C. and sentenced to undergo life imprisonment with fine of Rs.200/-, under Section 323/34 of IPC ( two counts) sentenced to undergo R.I.

for 6 months with default stipulations.

By taking this Court to the prosecution story, it submitted that deceased Lakhan Kewat was assaulted by other co-accused persons and appellant Sohan @ Babbu has not caused any injury to deceased Lakhan Kewat. As per prosecution story, appellant Sohan @ Babbu caused injury to Gopal by means of a wooden piece. This appellant has been falsely arraigned. The final hearing of this appeal will take time. Thus, remaining jail sentence of appellant No.2 Sohan @ Babbu may be suspended.

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 4/27/2023 11:40:13 AM

Learned Govt. Advocate opposed the prayer.

We have heard the learned counsel for the parties on this aspect. IA No. 3849/2022 is dismissed as withdrawn for appellant No.1 Ramdas @ Harilal Kol.

As per prosecution story, appellant No.2 Sohan @ Babbu assaulted Gopal and deceased is Lakhan Kewat. Considering the aforesaid and without expressing any opinion on merits of the case we deem it proper to suspend the remaining jail sentence of the appellant No.2 Sohan @ Babbu. Accordingly, I.A. No.3849 / 2022 is allowed for appellant No.2 Sohan @ Babbu.

Subject to depositing the fine amount (if not already deposited), the

remaining jail sentence of appellant No.2 - Sohan @ Babbu is hereby suspended and it is directed that the appellant 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, Katni on 12th 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.

Certified copy as per rules.

                             (SUJOY PAUL)                                  (AMAR NATH (KESHARWANI))
                                JUDGE                                               JUDGE

                          sarathe




Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 4/27/2023
11:40:13 AM