Raghuveer Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 12616 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 12138 of 2022
                                     (RAGHUVEER SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 04-08-2023
                               Mr. Sharad Verma - Advocate for the appellant No.4.

                               Mr. Ajay Shukla - Government Advocate for respondent-State.

Heard on I.A. No.7356 of 2023, an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant No.4 Pooran Singh arising out of judgment dated 10/12/2022 delivered in Sessions

Trial No.94/2021 by Additional Sessions Judge, Pawai, District Panna (MP).

The appellant No.4 has been convicted under Section 302/34 of IPC and sentenced to undergo for R.I. for life with fine of Rs.1000/- and under Section 323/34 (three count) of the IPC and sentenced to undergo R.I. for three months and fine of Rs.500/-, with default stipulation.

By taking this Court to the FIR/ prosecution story as stated by Jaipal Singh Rathore (PW-1) it is urged that a sudden quarrel took place between the neighbourers because of construction of door by Jaipal Singh. The sudden quarrel took an ugly shape and it is alleged that appellant Pooran Singh pushed

and thrown the sister of complainant namely Phoolkali on the floor because of which she was injured. Learned counsel for the appellant submits that PW-1 has tried to improve his statement in the Court but could not explain the omissions/contradictions when he was confronted with the averments of the FIR. There is no iota of evidence to show that the appellant either exhorted or did anything which brings him within the ambit of Section 34 of the IPC. Thus, remaining jail sentence of this appellant may be suspended, more so, when final hearing of this appeal is not possible in near future. Signature Not Verified Signed by: MANJU Signing time:

8/4/2023 5:05:10 PM

The prayer is opposed by learned Government Advocate on the basis of objection.

Considering the aforesaid factual backdrop and without expressing any opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of this appellant.

Accordingly, I.A No.7356 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that appellant No.4 Pooran Singh be released on bail on her 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 Additional Sessions Judge, Pawai

Disstrict Panna (MP) o n 16 th 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.

                            (SUJOY PAUL)                              (AMAR NATH (KESHARWANI))
                               JUDGE                                           JUDGE

                         manju




Signature Not Verified
Signed by: MANJU
Signing time:
8/4/2023 5:05:10 PM