Pappu Malaviya vs The State Of Madhya Pradesh
2023 Latest Caselaw 14321 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                     CRA No. 8767 of 2023
                                           (PAPPU MALAVIYA Vs THE STATE OF MADHYA PRADESH)

                         Dated : 31-08-2023
                                Shri Sharad Verma-Advocate for the appellant.

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

Heard.

Appeal is admitted for final hearing.

Also heard on I.A. No.16384/2023, an application under Section 389(1)

of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant-Pappu Malviya arising out of judgment dated 16.06.2023 delivered in S.T.No.278/2021 by learned Sessions Judge, Sehore, District-Sehore.

T h e appellant has been convicted under Section 307 of IPC and sentenced to undergo R.I. for 5 years and fine of Rs.15,000/-with default stipulation.

Learned counsel for the appellant submits that in medical examination no external injuries have been found on the person of complainant. No E.N.T. specialist has been examined by the prosecution and only on the basis of query

report (Ex.P/2) Section 307 of IPC was added. Appellant is also suffering from paralytic attack. Final hearing of this appeal is not possible in near future. Thus, it is prayed that remaining jail sentence of the appellant may be suspended.

The prayer is opposed by learned counsel for the State. Taking into consideration the testimonies of complainant (PW-5), evidence of Medical Officer (PW-1), PW-2, PW-7 and query report (Ex. P/2) coupled with the fact that final hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining jail sentence of the appellant. Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 9/1/2023 11:05:19 AM

Accordingly, I.A. No.16384/2023 is allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant-Pappu Malviya 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 Sehore District Sehore on 31.10.2023 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 matter for final hearing in due course.

(ACHAL KUMAR PALIWAL) JUDGE

kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 9/1/2023 11:05:19 AM