Sanjay Rajput vs The State Of Madhya Pradesh
2023 Latest Caselaw 13103 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 3097 of 2015
                                       (SANJAY RAJPUT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-08-2023
                                 Shri Ghanshyam Pandey - Advocate for appellant no.1-Sanjay Rajput.

                                 Shri Ritweek Parashar - Government Advocate for respondent-State of

M.P.

Heard on I.A. No.16534 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-

Sanjay Rajput arising out of judgment dated 16th October 2015 delivered in Sessions Trial No.468/2014 by Fifteenth Additional Sessions, Judge, Bhopal.

The appellant no.1 has been convicted under Section 302 of IPC and sentenced to undergo R.I. for Life with fine of Rs.1000/-, under Section 323/34 of IPC and sentenced to undergo R.I. for six months and fine of Rs.250/- and under Section 323/34 of IPC and sentenced to undergo R.I. for six months and fine of Rs.250/- with default stipulation.

Learned counsel for the appellant no. 1 at the outset submits that no previous application has been decided on merits. The appellant no. 1 remained

in actual custody for more than nine years.

By taking this court to the prosecution story, it is submitted that on 12.1.2014 a sudden quarrel had taken place between the parties. Because of that, a cross case was also registered. The said quarrel had taken a dirty shape and appellant no.1 had allegedly caused stick injury on the head of Ramesh. Ramesh succumbed to the injuries after six days. Thus, necessary ingredients for attracting Section 302 of IPC are not available. Considering the period of custody coupled with the fact that final hearing of this appeal is not possible in Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 8/12/2023 12:12:13 PM

near future, the remaining jail sentence of appellant no. 1 may be suspended.

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

Considering the aforesaid factual backdrop and custody period of appellant no.1 without expressing any opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of this appellant no.1.

Accordingly, I.A. No.16534/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant no.1 is hereby suspended and it is directed that appellant no.1-Sanjay Rajput 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, District Bhopal on

30 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

                          bks




Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 8/12/2023
12:12:13 PM