Ramsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 12615 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 3721 of 2022
                                          (RAMSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 04-08-2023
                                 Shri A.M. Khare - Advocate for the appellant Nos.2 and 3.

                                 Shri Arvind Singh - Govenrment Advocate for the respondent/State.

Heard on IA No.14302/2022, first application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant No.2 - Santosh a n d appellant No.3 - Thullu arising out of

judgment dated 11.03.2022 delivered in ST No.06/2017 by First Additional Sessions Judge, Bijawar, District Chhatarpur.

The appellant Nos.2 and 3 have been convicted under Sections 148, 323 read with Section 149, 302 read with Section 149 and 341 of the I.P.C. and sentenced t o undergo R.I. for one year with fine of Rs.200/-, R.I. for six months, Life Imprisonment with fine of Rs.2000/- and S.I. for 15 days, with default stipulations.

At the outset, learned counsel for the appellant Nos.2 and 3 seeks to withdraw I.A. No.14302/2022 for the appellant No.2 - Santosh and wish to

press it for appellant No.3 - Thullu.

Learned counsel for the appellant No.3 submits that as per prosecution story, all the accused persons jointly assaulted the deceased Rajaram by means of different weapons because of which certain injuries were caused and Rajaram died instantaneously. Learned counsel for the appellant No.3 submits that at the time of incident (i.e. on 28.08.2016), Thullu was aged about 74 years. He is in custody continuously from 04.12.2016 till date. Final hearing of this appeal is not possible in near future, thus, the remaining jail sentence of the appellant Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 8/4/2023 5:09:57 PM

No.3 - Thullu may be suspended.

The prayer is opposed by learned Government Advocate. Considering the age of the appellant No.3 - Thullu and his custody period coupled with the fact that final hearing of this appeal 2022 is not possible in near future, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, aforesaid IA is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant No.3 - Thullu is hereby suspended and it is directed that the appellant No.3 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 concerning trial court Bijawar, District Chattarpur 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.

C c as per rules.

                               (SUJOY PAUL)                                  (ACHAL KUMAR PALIWAL)
                                  JUDGE                                              JUDGE

                          rj




Signature Not Verified
Signed by: RAJESH KUMAR
JYOTISHI
Signing time: 8/4/2023
5:09:57 PM