Kamlesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 14220 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 9074 of 2018
                                               (KAMLESH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 29-08-2023
                                 Shri Ashish Kumar Kurmi - Advocate for the appellant.

                                 Shri Ajay Shukla - Government Advocate for respondent-State of M.P.

Heard on I.A No.13932 of 2023 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant arising out of judgment dated 19th of July 2018 delivered in Sessions Case No.600211 of

2016 by Additional Sessions Judge, Banda, District Sagar, (M.P.).

The appellant has been convicted and sentenced under Section 302 of IPC to undergo R.I. for Life Imprisonment with fine of Rs.15,000/- with default stipulation.

As per prosecution story, it is submitted that the appellant is relative of the deceased Ram Singh. A sudden quarrel had taken place on 14.5.2016, which took an ugly shape and during which, the appellant allegedly assaulted Ram Singh by means of a katarna. The said single fatal injury became cause of death. There was no pre- meditation or intention, and, therefore, the offence

under Section 302 of IPC cannot be made out. At best, the offence under Section 304 Part 2 can be made out. The appellant remained in custody from 19.5.2016 to 19.7.2018 and from 19.7.2018 till date he is in custody. Thus, he remained in custody for seven days. 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 on the basis of objection.

Considering the aforesaid factual backdrop and without commenting Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 8/31/2023 6:55:46 PM

anything on merits of the case, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A No.13932 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant- Kamlesh Yadav is hereby suspended and it is directed that 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, Banda, district Sagar 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)                                   (ACHAL KUMAR PALIWAL)
                                   JUDGE                                               JUDGE

                          bks




Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 8/31/2023
6:55:46 PM