Bela Pratap Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13833 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                             CRA No. 312 of 2021
           (BELA PRATAP SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 23-08-2023
      Shri Rakesh Dwivedi - Advocate for the appellants.

      Smt. Seema Pandey - Panel Lawyer for the respondent/State.

Heard on I.A. No. 8700/2023 an application under Sections 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant No. 4 arising out of judgment dated 11.01.2021 delivered in ST No.

86/2019 by Sessions Judge, Sidhi.

The appellant No. 4 has been convicted under Section 304-I/34 of IPC and sentenced to undergo R.I. for 10 years and fine of Rs.5000/- and Section 323/34 (two counts) of IPC and sentenced to undergo R.I. for 1 year and fine of Rs. 2000/- with default stipulations.

Learned counsel for the appellant No. 4 submits that there are many contradictions in the deposition of prosecution witnesses with respect to whether appellant no. 4 assaulted the deceased with lathi or with tangi. No injury of sharp edged weapon has been found on the persons of deceased and other

injured persons. Appellant is in jail for more than five years. Co-accused persons have already been released on bail. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant No.4 may be suspended and he be released on bail.

The prayer is opposed by learned Panel Lawyer. Taking into consideration the evidence of PW-1, PW-3, PW-6 and PW-8 including medical evidence and custody period of appellant No. 4. coupled

with the fact that hearing of this appeal is not possible in near future and without expressing any opinion on merits, I deem it proper to suspend the remaining jail sentence of the appellant No.4. Accordingly, I.A No. 8700/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant No. 4- Vishwanath Singh is hereby suspended and it is directed that the appellant No.4 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 Sidhi 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.

List the case for final hearing in due course.

C. c. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

L.R.signed by Digitally LALIT SINGH RANA Date: 2023.08.24 10:59:05 +05'30'