Ramesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 20252 MP

Madhya Pradesh High Court

Ramesh vs The State Of Madhya Pradesh on 1 December, 2023

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 8250 of 2021
                                           (RAMESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 01-12-2023
                                  Ms. Guncha Rasool, counsel for the appellants.

                                  Shri Vinay Sharma, P.L. for respondent/State.

Heard on I.A.No.242/2023, application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to the appellants No.2 Badda @ Hari Singh and appellant No.4 Sanjhale @ Dinesh pending the appeal.

2. Learned counsel for the appellant submits that appellants No.2 Badda @ Hari Singh and appellant No.4 Sanjhale @ Dinesh along with other appellants have been convicted under Section 323/34 (2 counts) and has been sentenced to undergo R.I. for 6-6 months and Section 307/34 of the I.P.C. and has been sentenced to undergo R.I. for 5-5 years and fine of Rs.1500-1500/- with default stipulations vide judgment dated 08/12/2021 passed in ST.No.316/2016 (State of M.P. Vs. Ramesh and others) by First ASJ, Pipariya, District- Hoshangabad.

3. Learned counsel for the appellants has submitted that appellants have

already undergone jail sentence for more than 2 years and one month. Injured has sustained only one injury and the evidence of the witnesses on that point is contradictory. The maximum punishment awarded is 05 years. Appellants have no criminal background. Therefore, it is prayed that appellants remaining jail sentence may be suspended.

4. The prayer is opposed by learned Government Advocate for the respondent/State.

5. Having taken into consideration the period of jail sentence already undergone by the appellants and the fact that they are first offender and the evidence of witnesses on record, without expressing any opinion on findings recorded by the trial court, I am of the view that it is a fit case to suspend the remaining jail sentence of the appellant No.2 and 4 because final hearing of this appeal is not possible in near future.

6. Accordingly, IA No. 242/2023 is allowed. The execution of jail sentence of appellants No.2 Badda @ Hari Singh and appellant No.4 Sanjhale @ Dinesh is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be

released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty 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 on 01.02.2024 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

(DINESH KUMAR PALIWAL) JUDGE

MKL