Arvind Dangi vs The State Of Madhya Pradesh
2023 Latest Caselaw 21704 MP

Madhya Pradesh High Court

Arvind Dangi vs The State Of Madhya Pradesh on 18 December, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                            CRA No. 9445 of 2023
                   (ARVIND DANGI Vs THE STATE OF MADHYA PRADESH)

Dated : 18-12-2023
      Mr. Ravi Shankar Patel - Advocate for the appellant.

      Mr. Arvind Singh - Government Advocate for the respondent/State.

Heard on I.A. No.28043/2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Arvind Dangi arising out of judgment dated 14.07.2023 delivered in S.T. No.3/2019

passed by 2nd Additional Session Judge, Niwari District Tikamgarh.

The appellant has been convicted and sentenced for the offence punishable under Section 323 of IPC and sentenced to undergo R.I. for 6 months with fine of Rs. 500/- and Section 302/34 of IPC and sentenced to undergo R.I. for life with fine of Rs. 10,000/- with default stipulation.

Learned counsel for the appellant submits that appellant was allegedly armed with cricket bat. By taking this Court to the prosecution story, learned counsel for the appellant submits that on 09.01.2008, at around 3:30 pm, incident took place at the spur of moment. Cause of death is single injury which

is not caused by appellant. Appellant has not given any fatal blow to the deceased. The appellant is in custody since the date of impugned judgment. 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 may be suspended and they be released on bail.

Per contra, learned Government Advocate for the State opposes the prayer on the basis of objection.

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.28043/2023 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-Arvind Dangi be released on bail on her 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 Niwari District Tikamgarh on 22.01.2024 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: 2023.12.19
16:34:24 +05'30'