Madhya Pradesh High Court
Bharat Rai vs The State Of Madhya Pradesh on 14 February, 2023
Author: Rajendra Kumar (Verma)
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 12563 of 2022
(BHARAT RAI Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 14-02-2023
Shri Sanjay Kumar Patel - Advocate for the appellant.
Shri Pramod Choubey - Government Advocate for the respondent
No.1/State.
Shri Sankalp Kochar - Advocate for respondent No.2
Heard on the question of admission.
Record of the trial Court perused.
The appeal is admitted for final hearing.
Also heard on I.A No. 25228/2022 which is an application under Section
389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf
of appellant.
T he appellant Bharat Rai has been convicted for offence punishable
under Sections 307 of IPC and sentenced to undergo R.I. for 07 years and fine
of Rs. 5000/- with default stipulations vide judgment dated 20.12.2022 passed
by learned 1st Addl. Sessions Judge, Jatara, District Teekamgarh (M.P.) in S.T.
No. 19/2019.
Learned counsel for the appellant submits that the appellant is innocent
and has falsely been implicated in the matter. The learned trial Court has erred in
not appreciating the fact that there are material omissions and contradictions in
the version of the prosecution witnesses. It is also submitted that no weapon
was seized from the appellant. It is also submitted that there is no intention to
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kill the complainant because the injury has been inflicted on the leg below the
Digitally signed by AMITABH RANJAN
Date: 2023.02.16 15:02:51 IST
knee and the leg does not fall under the category of traumatic organ therefore,
Section 307 of IPC is not attracted in the matter. It is further submitted that,
there are material contradiction and omission in the testimony of witnesses
regarding time and place of occurrence of the incident. It is also submitted that
from the very beginning, the application under Section 156(3) Cr.P.C. was filed
before the competent Court below and after direction of the Court, Crime No.
228/2015 was registered by the Police Station Jatara and the investigation was
done by Dy. S.P. (AJAK) and khatma report was filed. It is also submitted that
Dr. Vikas Jain (PW-5) in his statement recorded before the trial Court has not
clarified that whether the injury caused to the complainant is fatal or not. The
appellant was on bail during the trial and he did not misuse the liberty granted to
him. It is further submitted that appellant is in jail since 20.12.2022 and there is
no likelihood of hearing of appeal in near future. Hence, counsel for the
appellant prayed that application for suspension of sentence may be allowed.
Learned Government Advocate for the State as well as learned counsel
for respondent No.2 on the other hand has opposed the application and prays
for its rejection.
Shri Kochar, learned counsel for respondent No.2 has relied on the
judgment passed by the Hon'ble Supreme Court in the case of State of M.P.
Vs.Kashiram & Ors. (2009)4 SCC 26; State of M.P. Vs. Harjeet Singh &
Ors. (2019)20 SCC 524; State of M.P. Vs. Kanha @ Omprakash (2019)3
SCC 605; State of M.P. Vs. Mohan & ors. (2013)14 SCC 116 and Jage
Ram & Ors. Vs.State of Haryana (2015)11 SCC 366.
In due consideration of the submissions made on behalf of the appellant,
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on perusal of the record and looking to the fact and circumstances of the case,
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Digitally signed by AMITABH RANJAN
it would be appropriate to suspend the jail sentence of the appellant.
Date: 2023.02.16 15:02:51 IST
Accordingly, aforesaid I.A. filed on behalf of appellant is allowed and it
is directed that subject to deposit of fine amount if already not deposited and
on furnishing personal bond by appellant in the sum of Rs.50,000/- (Rupees
Fifty Thousand only) with one solvent surety in the like amount to the
satisfaction of the learned trial Court, for their regular appearance before the
concerned trial Court, appellant be released from the custody, if not required in
any other case and the execution of custodial part of the remaining sentence
imposed against the appellant shall remain suspended, till the final disposal of
this appeal.
The appellant, after being enlarged on bail, shall mark his presence before
the concerned trial Court on 26.04.2023 and on all such subsequent dates,
which are fixed in this regard by the concerned trial Court.
List in due course for final hearing.
Certified copy, as per rules.
(RAJENDRA KUMAR (VERMA))
JUDGE
Amitabh
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Digitally signed by AMITABH RANJAN
Date: 2023.02.16 15:02:51 IST
