Brajesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13216 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 3783 of 2023
                                            (BRAJESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-08-2023
                                 Shri K.S Rajpoot - Advocate for the appellants.

                                 Shri Teekaram Kurmi - Panel Lawyer for the respondent/State.

Heard on I.A No.19150 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No. 2 Ajay Pal Singh.

By judgment dated 03.03.2023 delivered in Session Trial No.182/2018 by Sessions Judge, Gadarwara, District Narshinghpur (M.P.). The appellant No. 2 has been convicted under Section 307/34 of the I.P.C. and sentenced to undergo R.I. for 7 years and fine of Rs.3,000/-, with default stipulation. Earlier bail application was dismissed as withdrawn vide order dated 11.04.2023.

As per prosecution story on 18.07.2018 at about 09:30 pm, appellant No. 1 (Brajesh Singh Rajpoot) and appellant No. 2 (Ajay Pal Singh) went to the shop of complainant (Vimlesh Rajpoot). Both the appellants asked him for Rajshree pouch. He had given Rajshree pouch to them. Both the appellants

were in drunken position. The complainant asked for money, but they refused to give him and abused him. There was a scuffle, in which, suddenly firing took place. Brajesh Singh Rajpoot bit on the back of complainant. The shot was fired by him. In the firing complainnt (Vilesh Rajpoot) is not hurt.

Learned counsel for the appellants submits that appellant No.2 is innocent. It is further submitted that co-accused (Brajesh Singh Rajpoot) has already given the benefit of suspension of sentence by this Court vide order Signature Not Verified Signed by: ROSHNI SINGH Signing time: 14-08-2023 17:54:07

dated 01.08.2023 passed in CRA No.3783 of 2023. It is submitted that the case of the appellant No.2 is similar to the case of co-accused/Brajesh Singh Rajpoot. Final hearing of this appeal is not possible in near future. Considering the aforesaid, remaining jail sentence of the appellant No. 2 (Ajay Pal Singh) may be suspended.

On the other hand, State counsel opposes the application. I have heard the parties at length and perused the record. Looking to all the facts and circumstances of the case and without expressing any conclusive opinion on the merits of the case, I deem it proper to suspend the remaining jail sentence of appellant.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.2 Ajay Pal Singh is hereby suspended and it is directed that appellant be released on bail on his furnishing a personal bond for 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, Narshinghpur on 9th 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.

Accordingly, I.A No.19150 of 2023, is allowed. Certified copy as per rules.

(AVANINDRA KUMAR SINGH) JUDGE

R

Signature Not Verified Signed by: ROSHNI SINGH Signing time: 14-08-2023 17:54:07