Madhya Pradesh High Court
Ravi Jatav vs The State Of Madhya Pradesh on 14 December, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5718 of 2023
(RAVI JATAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 14-12-2023
Shri A.K. Mishra - Advocate for appellants.
Smt.Shakti Tripathi - Panel Lawyer for respondent/State.
Heard on I.A. No.9260/2023, which is an application filed under Section
5 of Limitation Act for condonation of delay of 59 days in filing the present
appeal.
Looking to the reasons assigned in the application, which is duly
supported with the affidavit of Smt. Asha Jatav, sufficient cause is made out to
condone the delay. Accordingly, IA No. 9260/2023 stands allowed and delay
of 59 days in filing the present appeal is hereby condoned.
Also heard on the question of admission.
Appeal is admitted for final hearing.
Further heard on IA No. 9116/2023, which is first application for
suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C.
on behalf of appellant No.1- Ravi Jatav.
The appellant No.1 has been convicted vide judgment dated 24/12/2022
passed by 19th Additional Sessions Judge, Bhopal in S.T. No. 205/2018 and
appellant No.1 has been found guilty for commission of offence punishable
under Section 307/34 of IPC and sentenced to undergo RI for 10 years and to
pay fine of Rs.1,000/- with usual default stipulations.
Learned counsel for the appellant No.1 submits that the trial Court has
not properly appreciated the evidence in its proper perspective and committed
grave error in convicting the appellant No.1 for aforesaid offence. Learned
counsel for appellants submits that the only allegation against the appellant No.1
is that he assaulted the injured by kicks and fists, therefore, no offence under
Section 307/34 of IPC is made out against him. There are fair chances of
success of this appeal and final hearing of same will take considerable time,
therefore, if remaining custodial sentence has not been suspended, then the
appeal filed by appellant No.1 may turn infructuous. Under these
circumstances, learned counsel for appellants prays for suspension of jail
sentence and release of the appellant No.1 on bail till the final disposal of the
appeal.
O n the other hand, learned Panel Lawyer has opposed the contention
raised by learned counsel for appellant No.1 and prays for rejection of said
application.
Looking to the facts and circumstances of the case, contention of learned
counsel for the appellant No.1 coupled with the fact that there is only allegation
against appellant No.1 that he assaulted the injured by kicks and fists and
according to listing policy the hearing of this appeal will take time, the
application is allowed and it is directed that the execution of the remaining jail
sentence passed against appellant No.1-Ravi Jatav shall remain suspended
during the pendency of this appeal and he be released on bail subject to
depositing entire fine amount, if already not deposited and upon his furnishing
personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one
solvent surety of the like amount to the satisfaction of the trial Court for his
appearance before the trial Court on 05/02/2024 and on such further dates as
may be fixed by trial Court it in this regard during the pendency of this appeal.
List the appeal for final hearing in due course.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
