Bhola Prasad vs The State Of Madhya Pradesh
2023 Latest Caselaw 20926 MP

Madhya Pradesh High Court

Bhola Prasad 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. 720 of 2016
               (BHOLA PRASAD AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 11-12-2023
       Shri Vivek Agrawal - Advocate for the appellants.

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

Heard on I.A. No.28674/2023, which is third application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.1 Bhola Prasad arising out of judgment dated 05.02.2016 delivered in S.T.

No.17/2015 passed by 3rd Additional Session Judge, Mandla.

His earlier bail applications were dismissed on merit vide order dated 05.09.2017 and 09.01.2020.

The appellant No.1 has been convicted and sentenced for the offence punishable under Section 302/34 of IPC and sentenced to undergo R.I. for life and fine of Rs. 500/- and Section 323 of IPC and fine of Rs. 500/- with default stipulation.

By taking this Court to the prosecution story, learned counsel for the appellant No.1 submits that incident was not premeditated and occurred at the

spur of the moment. When altercation took place while objecting wire fencing, alleged injuries were caused by spade and stick. Drawing attention of this Court towards the Court statement of Ansuai Bai (PW-1). It has been submitted that necessary ingredients to attract offence under Section 302 of IPC are missing. He further submits that appellant No.1 is in custody since 25.12.2014. He remained in jail for near about nine years. 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.

P er contra, Learned Government Advocate for the State opposed the prayer for suspension of remaining jail sentence and grant of bail.

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.28674/2023 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 Bhola Prasad 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, Mandla 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
16:05:00 +05'30'