Gore Lal Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 22067 MP

Madhya Pradesh High Court

Gore Lal Kushwaha vs The State Of Madhya Pradesh on 21 December, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 9355 of 2022
                                      (GORE LAL KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 21-12-2023
                                  Shri Ranjan Banerjee - Advocate for the appellants.

                                  Shri A.N. Gupta - Government Advocate for the respondent/State.

Heard on I.A.No.23790/2023, which is third application for suspension of jail sentence and grant of bail to appellants No.1 and 3 namely Gore Lal Kushwaha and Laxman Kushwaha arising out of judgment dated 29/9/2022

delivered in S.T. No.16/2017 passed by Additional Session Judge, Bijawar Distt. Chhatarpur.

Earlier applications (IAs No.2918/2023 and 10630/2023) were dismissed as withdrawn on 9/5/2023 and 28/7/2023 respectively.

These appellants have been convicted under Section 302 r/w 34 of IPC and sentenced to undergo life imprisonment with fine of Rs.5,000/- each with default stipulation.

Learned counsel for these appellants submits that this is a case of sudden quarrel which took place on account of land dispute. Necessary ingredients to

attract Section 302 of IPC are missing. The appellant no.1 Gore Lal is of aged about 71 years and is a senior citizen, who allegedly caught hold of neck of deceased. Postmortem report reveals that death of the accused was caused by head injury. He further submits that appellant no.2 Tijiya Bai has already been released on bail vide order dated 5/1/2023. The present appellants are in jail since 10/11/2016 i.e. more than 7 years. The final hearing of this matter is not possible in near future. Thus, remaining jail sentence of present appellants may be suspended.

The prayer is opposed by learned Government Advocate for the State. We have heard learned counsel for the parties at length and perused the record.

Considering the aforesaid factual backdrop coupled with the fact of custody period 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 No.1 and 3.

Accordingly, I.A. No.23790/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellants No.1 and 3 is hereby suspended and it

is directed that appellants No.1 and 3 namely Gore Lal Kushwaha and Laxman Kushwaha 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, Bijawar Distt. Chhatarpur on 13/2/2024 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

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