Ashutosh Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 3089 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 12229 of 2022
                                       (ASHUTOSH MISHRA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 20-02-2023
                                Shri Somi Chourasia - Advocate for the appellant.

                                Ms. Ekta Gupta - Panel Lawyer for the respondent -State.

Shri Aman Patel - Advocate for the respondent No. 2 - objector.

Heard.

Appeal is admitted for final hearing.

Als o heard on I.A No. 24429/2022 which is an application under Section 389 (1) of Cr.P.C for suspension of sentence moved on behalf of appellant.

The appellant has been convicted for offence under Sections 351/352 of IPC and sentenced to undergo R.I. for 1 month with fine of Rs. 500/- & Section 304 Part-II of IPC and sentenced to undergo R.I. for 5 years with fine of Rs. 5000/- with default stipulations.

Learned counsel for the appellant submits that the appellant are innocent and have been falsely 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 as per postmortem report and statement of PW/12 Dr. Hariom Singh Senghar no external or internal injuries were found on the body of the deceased. Therefore, necessary ingredients to constitute the alleged offence are completely missing. In view of the genesis of the occurrence and the character of the evidence, no offence under Section 304 Part-II of IPC is made out against the present appellant. At the best the offence under Section 323 would be attracted. It is Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 2/21/2023 11:05:35 AM

further submitted by learned counsel for appellant that the appellant has already undergone 5 months 25 days jail sentence during trial and after judgment he has undergone 2 months incarceration till now. It is further submitted that there is no likelihood of hearing of appeal in near future. Hence, counsel prayed that application for suspension of sentence be allowed.

Learned counsel for the State as well as learned counsel for respondent No. 2, on the other hand have opposed the application and prays for its rejection.

In due consideration of the submissions made on behalf of the parties, on perusal of the record and looking to the facts and circumstances of the case, it

would be appropriate to suspend the jail sentence of the appellant.

Accordingly, 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 his regular appearance before the concerned trial Court, 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 13.03.2023 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

Certified copy, as per rules.

List in due course for final hearing.

(RAJENDRA KUMAR (VERMA)) Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 2/21/2023 11:05:35 AM

JUDGE MISHRA

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 2/21/2023 11:05:35 AM