Somnath vs The State Of Madhya Pradesh
2023 Latest Caselaw 20922 MP

Madhya Pradesh High Court

Somnath vs The State Of Madhya Pradesh on 11 December, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                            CRA No. 6876 of 2021
                (SOMNATH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 11-12-2023
      Shri Arpan Shrivastava - Advocate for the appellants.

      Shri Ajay Shukla - Government Advocate for the respondent/State.

Heard on I.A. No.28463/2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.1 Somnath aris ing out of judgment dated 30.09.2021 delivered in S.T.

No.12/2019 passed by Additional Session Judge, Bareli District Raisen.

The appellant No.1 has been convicted and sentenced for the offence punishable under Section 302 of IPC and sentenced to undergo R.I. for life and fine of Rs. 2000/- with default stipulation.

Learned counsel for the appellant No.1 submits that he was not having any enmity with the deceased Devendra Lodhi. For this he has taken attention of this Court towards the prosecution story and para 5 of the statement of Rakesh @ Pappu (PW-7) and submits that appellant No.1 was not armed with Trishul but during quarrel, he took it from Devsthan and assaulted the deceased. He

further submits that appellant No.1 is in custody since 15.12.2018. He remained in actual custody for more than 5 years. Incident had taken place suddenly without any premeditation. Necessary ingredients to attract Section 302 of IPC are missing. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant No.1 may be suspended and they be released on bail.

Per contra, learned Government Advocate for the State opposes the prayer for suspension of remaining jail sentence of the appellant No. 1 and

prays for dismissal of the application. However, it is not disputed by the Government Advocate that the appellant No.1 has already undergone 5 years actual sentence.

We have heard learned counsel for the parties at length and perused the record.

Considering the factual backdrop and period of actual custody and bleak chances of final hearing in near future, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.28463/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant No.1 Somnath 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, Bareli District Raisen on 11.01.2024 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)                                   (BINOD KUMAR DWIVEDI)
              JUDGE                                               JUDGE

DigitallyL.R.
          signed by
LALIT SINGH RANA
Date: 2023.12.12
18:15:28 +05'30'