Brajesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 12204 MP

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          CRA No. 3783 of 2023
                                              (BRAJESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 01-08-2023
                                 Shri Ashish Kurmi - Advocate for the appellants.

                                 Shri Devendra Shukla - Panel Lawyer for the respondent/State.

Heard on I.A No.10228 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No. 1 Brajesh Singh Rajpoot arising out of judgment dated 03.03.2023 delivered in

Session Trial No.182/2018 by Sessions Judge, Gadarwara, District Narshinghpur (M.P.).

Appellant No. 1 has been convicted under Section 307 of the I.P.C. and sentenced to undergo R.I. for 7 years and fine of Rs.3,000/- and under Section 30 of Arms Act and sentenced to undergo RI for 6 months with fine of Rs. 1,000/-, with default stipulations.

As per prosecution story on 18.07.2018 at about 09:30 pm, appellant No. 1 Brajesh Singh Rajpoot and appellant No. 2 Ajaypal Singh Rajpoot went to the shop of complainant Vimlesh Rajpoot. Both the appellants asked him for

Rajshree pouch. He had given that Rajshree pouch to them. Both the appellant were in drunken position. Complainant asked for money but they refused to give him and abused him. Brajesh Singh Rajpoot kept his gun over his shoulder. Vimlesh Rajpoot caught that gun and due to that suddenly firing took place. Then Brajesh Singh Rajpoot ran from there and Vimlesh Rajpoot tried to stop him and then Brajesh Singh Rajpoot bites teeth on his back.

Learned counsel for the appellant submits that final hearing of this appeal is not possible in near future. Considering the aforesaid, remaining jail sentence Signature Not Verified Signed by: VINAY KUMAR VERMA Signing time: 02-08-2023 12:57:40

of the appellant No. 1 Brajesh Singh Rajpoot may be suspended.

On the other hand State counsel opposes the application. I have heard the parties at length and perused the record. Looking to the statement of P.W.-2 Vimlesh Rajpoot - victim, statement of P.W.-4, Dr. Aditya Raghuwanshi, looking to the custody period of the appellant No. 1 which is about 6-1/2 months and looking to all the facts and circumstances of the case and without expressing any conclusive opinion on the merits of the case, I deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A No.10228 of 2023, is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant Brajesh Singh Rajpoot is hereby suspended and it is directed that appellant be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Narshinghpur on 9th of October, 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.

(AVANINDRA KUMAR SINGH) JUDGE

vkv /-

Signature Not Verified Signed by: VINAY KUMAR VERMA Signing time: 02-08-2023 12:57:40