Aakash @ Aashu Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 13834 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 6888 of 2022
                                    (AAKASH @ AASHU PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 23-08-2023
                                Mr. Shubham Kumar Mishra - Advocate for appellants.

                                Ms. Kamlesh Tamrakar - Panel Lawyer for respondent-State.

Heard o n IA No.7829/2023, this is second application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant no.2-Atul Tripathi.

T h e appellant has been convicted under Section 148 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.500/- and under Section 307 r/w 149 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.2000/-, with default stipulations.

Learned counsel for the appellant submits that appellant is not a main accused. There is no allegation against him that he fired a gun shot. as per medical report, the injuries sustained by the complainant are simple in nature and no injuries are dangerous to life, therefore, no offence under section 307 of IPC is made out. In this connection he has relied upon judgment passed in

Sarju Prasad vs. State of Bihar reported in AIR 1965 SC 843 and the judgment passed by this Court in Criminal Appeal No.2753/1998 dated 29.6.2022. He further submits that no knife has been recovered from the present appellant. The appellant has no criminal antecedent. The prosecution witnesses have not supported the prosecution story. There is no evidence to connect the appellant with the alleged offence. His first application was dismissed on 4.11.2022 and thereafter 9 months have elapsed. The final hearing of this appeal will take time, therefore the remaining jail sentence of the appellant Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 8/24/2023 11:04:24 AM

may be suspended. Learned counsel for the appellant has also relied upon the order passed by this Court in Cr.A. No.3180/2021 dated 9.8.2023 and Cr.A. No.6928/2023 dated 10.8.2023.

Learned counsel for the State has opposed the prayer. Taking into consideration the overall evidence on record, place of incident, nature of incident and the reasons of incident, I deem it not proper to suspend the remaining jail sentence of the appellant.

Accordingly, IA No.7829/2023 is hereby dismissed. List the matter for final hearing in due course.

(ACHAL KUMAR PALIWAL) JUDGE

irfan

Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 8/24/2023 11:04:24 AM