Ramjagat @ Jagatram Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 12511 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 3300 of 2017
                             (RAMJAGAT @ JAGATRAM CHOUDHARY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 03-08-2023
                                Shri Siddharth Datt- Advocate for the appellant No.3.

                                Shri S.K. Kashyap - Government Advocate for respondent-State.

Heard on I.A. No.6392 of 2021 repeat (third) application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant No.3 Munnilal Choudhary arising out of judgment dated 23.06.2017 delivered in

Sessions Trial No.900079/2016 by Sessions Judge Panna.

The appellant No.3 has been convicted under Sections 302/34 of the of IPC and sentenced to undergo R.I. for life with fine of Rs.5,000/- and Section 341/34 of the I.P.C. and sentenced to undergo for S.I. for one month with default stipulation.

Learned counsel for the appellant No.3, at the threshold, fairly informed that his previous application for suspension of sentence and grant of bail was dismissed on 02.02.2018, whereas, remaining co-accused persons were enlarged on bail.

By taking this Court to the prosecution story, it is submitted that although as per the allegations, appellant No.3 has caused injury on the head of Ramesh by means of a "Patra", the remaining injuries were caused on the other part of the body of deceased by means of Lathi-Danda by other co-accused- appellants. By taking this Court to Para-9 of the judgment and statement of Dr. Abhishek Jain (PW-8), it is urged that cause of death is the spleen injury, which is not caused by appellant No.3.

The next submission of learned counsel for the appellant No.3 is that Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 8/4/2023 2:01:19 PM

after previous rejection of application, the appellant No.3 remained in custody for more than 5 years and final hearing of this appeal of 2017 is not possible in near future, thus, remaining jail sentence of the appellant No.3 may be suspended.

The prayer for suspension of sentence and grant of bail is opposed by learned Government Advocate on the basis of objection.

Considering the aforesaid factual backdrop and further period of custody, without expressing any opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant No.3.

Accordingly, I.A No.6392 of 2021 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.3 is hereby suspended and it is directed that appellant No.3 Munnilal Choudhary 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, Panna on 30.10.2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

                               (SUJOY PAUL)                                (ACHAL KUMAR PALIWAL)
                                  JUDGE                                             JUDGE

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Signature Not Verified
Signed by: VAISHALI
AGRAWAL
Signing time: 8/4/2023
2:01:19 PM