Jandel Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 12604 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 5359 of 2023
                                         (JANDEL SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 04-08-2023
                                 Mr. Jai Prakash Kushwah - Advocate for the appellants.

                                 Mrs. Ankita Mathur - Public Prosecutor for respondent/State.

Mr. Ankur Maheshwari - Advocate for complainant. Heard on I.A. No.13241 of 2023, Second application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail to the appellant 6-Ajbe @ Ajmer.

This Criminal Appeal assails the judgment dated 10/04/2023 passed in ST No.20/2019 by Second Additional Sessions Judge, Joura, District Morena (M.P.) whereby, appellant No.6 stood convicted and sentenced under Section 148 of IPC to undergo rigorous imprisonment of One Year with fine of Rs.1,000/- under Sections 324/149 of IPC sentenced to undergo rigorous imprisonment of One-One Year with fine of Rs.1,000/- and under Sections 326/149 of IPC sentenced to undergo rigorous imprisonment of Five-Five Years with fine of Rs.5,000/- with default stipulations.

Learned counsel for the appellant argued that the learned trial Court has

not appreciated the evidence properly with respect to the injury caused to injured-Gajadhar and Narmada. It is further argued that as per query report, the injury received by Gajadhar was not dangerous to life and it cannot be caused by an axe, however, as per prosecution story, the axe was used to inflict the injury to injured-Gajadhar, therefore, there is material variance in the evidence of the prosecution witnesses as well as medical evidence. It is further argued that appellant has already served incarceration of 06 months out of total awarded Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 8/5/2023 10:50:56 AM

incarceration of 5 years. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to appellant.

Per contra, counsel for the respondent/State has vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments rendered by learned counsel for the parties as well as facts and circumstances of the case, without commenting on merits of the case, I.A. No.13241 of 2023 is hereby allowed subject to depositing of

fine amount, if not already deposited, and on furnishing personal bond by the appellant No.6-Ajbe @ Ajmer of Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant No. 6 shall remain suspended and he shall be released on bail. Appellant no.6 is further directed to mark his appearance before the Office of this Court o n 23th of November, 2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 8/5/2023 10:50:56 AM

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 8/5/2023 10:50:56 AM