Prahalad vs The State Of Madhya Pradesh
2023 Latest Caselaw 21705 MP

Madhya Pradesh High Court

Prahalad 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. 12317 of 2023
               (PRAHALAD AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 18-12-2023
      Dr. Anuvad Shrivastava - Advocate for the appellants.

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

Heard on I.A. No.23093/2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellants arising out of judgment dated 15.09.2023 delivered in SCATR No. 200009/2016

passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Sagar.

The appellants have been convicted and sentenced for the offence punishable under Section 326/34 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs. 1000/- and Section 3(2)(5) of SC/ST Act and sentenced to undergo R.I. for life with fine of Rs. 1000/- with default stipulation.

Learned counsel for the appellants submits that the main accused was Hallu @ Krishan Kumar who died during trial. Appellant No. 1 Prahalad is aged about 75 years and appellant No. 2 Baddu @ Ramkuar is aged about 50 years. Appellant No. 2 Baddu @ Ramkumar has allegedly hit the deceased with lathi.

The complainant has been in habit for lodging the FIRs against several person and entering into compromise with them after wards. For this, statement of Sewaram (PW-1) and Roopa Bai (PW-3) have been heavy relied by the counsel for the appellant stating that appellants have not caused any grievous injuries. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellants 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 appellants.

Accordingly, I.A. No.23093/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellants is hereby suspended and it is directed that appellant No.1 Prahalad and appellant No. 2 Baddu @ Ramkumar

be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court Sagar 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

       L.R.