Teerath Prajapati vs The State Of M.P
2023 Latest Caselaw 6961 MP

                                       1
               IN THE HIGH COURT OF MADHYA PRADESH
                            AT JABALPUR
                               CRA No. 4376 of 2021
                    (TEERATH PRAJAPATI AND OTHERS Vs THE STATE OF M.P)

Dated : 28-04-2023
       Shri Devendra Singh Baghel - Advocate for the appellants.

       Shri Pramod Kumar Pandey - Government Advocate for the
respondent/State.

I A. No.1502/2023, second repeat application u/S.389(1) Cr.P.C. for suspension of sentence moved on behalf of appellant No.5- Siyasharan

Prajapati.

This criminal appeal assails the judgment dated 19.07.2021 passed in S.T. No.54/2020 by Additional Sessions Judge, Pawai, District Panna (M.P.), whereby appellant No.5 has been convicted u/S.302 and 120-B of IPC and sentenced to undergo life imprisonment with fine of Rs.1,000/- with default stipulation.

The earlier application of the same appellant has been dismissed on 18.02.2022 on merits, as appellant has suffered only nine months of incarceration against life imprisonment.

The new ground projected by learned counsel for the appellant No.5 is that the appellant no.5 has completed about two years and three to four months of incarceration as against life imprisonment. It is also pointed out by Shri DS Baghel, counsel for appellant no.5 that all these four injuries suffered by the deceased were incised injuries which are exclusively attributed to appellant- Teerath, who was weilding a sharp cutting object axe, whereas the appellant was weilding a lathi.

Learned counsel for the State opposed the application and prayed for its

rejection.

The objection filed by the State does not disclose any antecedents and there is no hope of appeal coming up for hearing in near future.

Accordingly, without entering into merits of the matter, this Court is inclined to grant bail to appellant No.5- Siyasharan Prajapati by way of suspension of sentence. Hence, I.A.No.1502/2023 is allowed.

It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty 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 on 14.06.2023 and also on

such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for final hearing in due course as per listing policy. Certified copy as per rules.

         (SHEEL NAGU)                                          (DWARKA DHISH BANSAL)
            JUDGE                                                     JUDGE

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Date: 2023.04.28 16:58:38
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