Ramesh Sahu vs The State Of Madhya Pradesh
2023 Latest Caselaw 2099 MP

                                                             1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 1312 of 2016
                                             (RAMESH SAHU Vs THE STATE OF MADHYA PRADESH)

                         Dated : 06-02-2023
                                 Shri Ajay Mishra-Senior Advocate with Shri Manthan Sharma-

                         Advocate for the appellant.
                                 Shri Ajay Shukla-Govt. Advocate for the respondent/State.

Heard on I.A.No. 13171/21 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Ramesh Sahu

arising out of judgment dated 03/03/2016 delivered in S.T.No. 484/15 by the learned Sessions Judge, Bhopal.

The appellant has been convicted under Section 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.5000/-, with default stipulations.

Learned Senior counsel for the appellant at the very outset submits that this is a repeat application and his previous applications for suspension of sentence and grant of bail were dismissed on merits on 13-11-2018 and 26-11- 2018.

By taking this court to the prosecution story, it is submitted that on 12- 04-2015 at around 4:00-5:00 PM, the appellant was playing cards/gambling with the deceased and other persons. A sudden quarrel had taken place in which, allegedly the appellant had caused two knife injuries to the deceased Mahesh @ Nana. Learned Senior counsel submits that infact in a free fight, the appellant himself, got injury which is evident from the MLC of the appellant dated 12-04- 2015 filed with the challan, although, this document was not exhibited. Since it is a part of document filed by the prosecution in challan, this document can be Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 2/7/2023 10:39:08 AM

looked into. The document shows that the appellant informed the doctor that it was deceased Mahesh @ Nana, who caused injury to him. Apart from this, the statement of witness Sonu Pawar (PW-6), is relied upon to submit that the accused persons were seen by him running in the ground. There was bleeding from the head of the appellant- Ramesh and they were going towards police station. At this point of time, Mahesh (deceased) came from ground and was talking with the accused persons.

Learned Senior counsel submits that this shows that the appellant got injury prior in time than the injury sustained to Mahesh @ Nana. The court below has shifted the burden on the appellant whereas the prosecution was

required to establish with accuracy and precision as to how the appellant sustained injury. In the case of free fight, in the absence of clinching evidence, the appellant could not have been held guilty for committing offence under Section 302 of IPC. The necessary ingredient for attracting Section 302 of IPC are absent, the appellant is in custody since 12-04-2015 and remained in jail for more than 7 years and 8 months. The final hearing of this appeal is not possible in near future. Considering the aforesaid, the remaining jail sentence of the appellant may be suspended.

Learned Government Advocate opposed the prayer on the basis of objection.

We have heard the parties at length and perused the record. Considering the factual backdrop and the custody period of the appellant, 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. 13171/21 is allowed.

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 2/7/2023 10:39:08 AM

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant is hereby suspended and it is directed that on furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand Only) along with one solvent surety in the like amount to the satisfaction of the trial Court, the appellant- Ramesh Sahu be released on bail with a further direction to remain present before the Trial Court, Bhopal on 01/05/2023 and 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)                            (AMAR NATH (KESHARWANI))
                                 JUDGE                                         JUDGE

                         PG




Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 2/7/2023
10:39:08 AM