Balaram Korku vs The State Of Madhya Pradesh
2023 Latest Caselaw 14013 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 733 of 2012
                                            (BALARAM KORKU Vs THE STATE OF MADHYA PRADESH)

                          Dated : 25-08-2023
                                Ms. Neelam Jain - Advocate for the appellant.

                                Shri Pramod Thakur - Government Advocate for the respondent- State

of M.P.

Heard on I.A No.17717 of 2023, first application under Section 389(1) o f the Cr.P.C for suspension of sentence and grant of bail to appellant-

Balaram Korku arising out of judgment dated 25.01.2012 delivered in Sessions Trial No.180/2010 by Sessions Judge, Hoshangabad, District Hoshangabad.

T h e appellant has been convicted under Section 302 of IPC and sentenced to undergo R.I. for Life with fine of Rs.500/- with default stipulation.

Learned counsel for the appellant submits that no previous application of the appellant was dismissed on merits.

As per prosecution story on 27.4.2010, the appellant out of sudden anger assaulted his wife by means of a lathi and she succumbed to the injuries.

By taking this court to the prosecution story, it is submitted that appellant's overt act is based on a sudden impulse without there being any pre- meditation or intention. The appellant remained in actual custody from 29.4.2010 and final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of the appellant may be suspended.

Learned Government Advocate opposed the prayer for grant of bail to the appellant on the basis of objection.

Considering the the period of custody w.e.f. 29.4.2010 continuously Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 8/26/2023 11:19:04 AM

coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any conclusive opinion of the merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A No.17717 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant - Balaram Korku is hereby suspended and it is directed that the appellant 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, Hoshangabad District

Hoshangabad on 30th 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)                              (AVANINDRA KUMAR SINGH)
                                   JUDGE                                           JUDGE

                          bks




Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 8/26/2023
11:19:04 AM