Anshul Agrawal vs The State Of Madhya Pradesh
2023 Latest Caselaw 20923 MP

Madhya Pradesh High Court

Anshul Agrawal vs The State Of Madhya Pradesh on 11 December, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 5158 of 2017
                                       (ANSHUL AGRAWAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-12-2023
                                 Shri Pradeep Naveria - Advocate for the appellant.

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

Heard on I.A. No.28637/2023, which is second application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.2 Vivek Agrawal arising out of judgment dated 07.11.2017

delivered in S.T. No.100011/2015 passed by Additional Sessions Judge, Hata, District Damoh.

His first bail application for suspension of sentence was dismissed as withdrawn vide order dated 06.08.2018.

The appellant No.2 has been convicted and sentenced for the offence punishable under Section 302 of IPC and sentenced to undergo R.I. for life with fine of Rs. 5,000/-, under Section 307/34 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.2,000/- (on two counts), under Section 506 Part-II of IPC and sentenced to undergo R.I. for one year with fine of Rs.500/-

and under Section 25(1-B)B of Arms Act and sentenced to undergo R.I. for one year with fine of Rs.500/-, with default stipulations.

Learned counsel for the appellant taking this Court to the prosecution story submits that the incident occurred at the spur of moment in the sudden quarrel. The incident has arisen on the trivial ground of fall of motorcycle outside the shop and the incident took ugly shape. The incident was not premeditated and final hearing of the case is not possible in near future. Co- accused Anshul has already been granted bail by this Court. Though the

appellant Vivek has been described as the main accused but necessary ingredients to attract Section 302 of IPC are missing and it is hardly a case of offence under Section 304-II of IPC. Learned counsel further submits that the appellant is in custody since 13.10.2014 and has already undergone more than nine years of actual sentence. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended and he be released on bail.

P er contra, learned Government Advocate for the State opposed the prayer for suspension of remaining jail sentence on the basis of written objection.

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

Considering the above 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. No28637/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant is hereby suspended and it is directed that appellant No.2 Vivek Agrawal 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, Hata, District Damoh 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

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