Rahul vs The State Of Madhya Pradesh
2023 Latest Caselaw 13202 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 498 of 2023
                                          (RAHUL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 14-08-2023
                               Shri Mayank Sharma- Advocate for the appellants.

                               Shri Gopal Jaiswal- Panel Lawyer for the respondent/State.

Heard on I.A. No.6385/2023, second application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant No.1 Rahul, pending the appeal.

2. First bail application of appellant No.1 Rahul under Section 389(1) of Cr.P.C was dismissed as withdrawn vide order dated 02.02.2023.

2. Appellant has been convicted for commission of offence under Sections 307/34, 323/34, 294 of IPC and has been sentenced to undergo 5 years R. I. with fine of Rs.5000/-, 3 months R.I. with fine of Rs.1000/- and R.I. for 3 months with fine of Rs.500/- respectively with default stipulation vide judgment dated 30.12.2022 passed in S.T.No.11/2018 by II Additional Sessions Judge, Bina District Sagar.

3 . Learned counsel for the appellant has submitted that in this case,

injured Mayank has sustained one injury on his head and according to doctor it was grievous in nature but same was not caused by present applicant. It was caused by Bunty. Appellant is jail for the last more than 7 months. Therefore it is prayed that appellant Rahul may be released on bail as there is no possibility of hearing of this appeal in near future.

4. On the other hand, learned counsel for the respondent/State has opposed grant of bail.

5. I have gone through the evidence of Mayank (PW-2), Kamal (PW-3), Signature Not Verified Signed by: BIJU BABY Signing time:

8/17/2023 1:16:23 PM

Vishwas (PW-4) and Dr.M.D.Sahu (PW-5). It is their consistent evidence that injury was caused on the head of Mayank by Bunty and not by appellant Rahul. Appellant is in jail for more than 7 months. There is no possibility of hearing of this appeal in near future. Considering the facts and circumstances including the findings recorded in the impugned judgment but without expressing any opinion on the merits of the case, I am of the view that a case for suspension of jail sentence is made out.

6. Consequently, I.A. No.6385/2023 is allowed. The execution of jail sentence of appellant No.1- Rahul is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the

appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty 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 on 20.11.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

b

Signature Not Verified Signed by: BIJU BABY Signing time:

8/17/2023 1:16:23 PM