Anand Bhumiya Baiga vs The State Of Madhya Pradesh
2023 Latest Caselaw 21709 MP

Madhya Pradesh High Court

Anand Bhumiya Baiga 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. 5088 of 2018
          (ANAND BHUMIYA BAIGA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 18-12-2023
      Ms. Renu Gupta - Advocate for the appellants.

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

Heard on I.A. No.10938/2021, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.1 Anand Bhumiya Baiga arising out of judgment dated 10.05.2018 delivered in

S.T. No.12/2017 passed by Session Judge, Katni.

The appellant No.1 has been convicted and sentenced for the offence punishable under Section 323 of IPC and sentenced to undergo R.I. for 6 months and Section 302 of IPC and sentenced to undergo R.I. for life with fine of Rs. 2,000/- with default stipulation.

Learned counsel for the appellant No.1 submits appellant is in custody fro last seven years and seven months. The incident had taken place suddenly without any premeditation. This sudden quarrel unfortunately took an ugly shape. Necessary ingredients to attract Section 302 of IPC are missing and it is

hardly a case of offence under Section 304-II of IPC. 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.

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 No.1.

Accordingly, I.A. No.10938/2021 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 Anand Bhumiya 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 Katni 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.signed by LALIT
Digitally
SINGH RANA
Date: 2023.12.19
16:32:17 +05'30'