P.Kumar vs The State Of Madhya Pradesh
2023 Latest Caselaw 3337 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                           CRA No. 648 of 2017
                                           (P.KUMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 23-02-2023
                                 Shri V.P. Singh - Advocate for the appellant No. 2 Ramu @

                          Ramkumar.
                                 Shri S.K. Kashyap - Government Advocate for the respondent/State.

Heard on I.A. No. 23427 of 2022, repeat application filed under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant

Ramu @ Ramkumar out of judgment dated 09/01/2017 delivered in S.T. No.

23/2015, by 16th Additional Sessions Judge, Bhopal.

Learned counsel for this appellant at the outset fairly submits that vide order dated 18.09.2017, the previous application was dismissed on merits. However, since appellant remained in custody from 2.7.2016, the appellant has filed this repeat application.

By taking this Court to the prosecution story, it is urged that on 25.8.2014, deceased Brajesh Mishra was in the process of closing his shop and eye-witness Manish Pathak, nephew of deceased was present with him. During

that time at around 11.15 p.m. in two motorcycles, four accused persons came there and two persons, viz., Gyaneshwar @ Nanu and Suresh @ King assaulted Brajesh Mishra by means of knives. Four injuries were found on the person of deceased which are mentioned in paragraph 11 of the judgment. By taking this Court to paragraph 43 of the judgment Shri V.P. Singh, learned counsel for the appellant No. 2 submits that as per the clear finding this appellant was present at the scene of the crime with his motorcycle in a started condition and Court on the basis of this overt act came to the conclusion that there was a common Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 2/24/2023 10:38:44 AM

intention of this appellant as well. Otherwise as per the finding of Court below there is no other overt act and this appellant has not assaulted deceased Brajesh Mishra. Considering the period of custody and no likelihood of hearing of this appeal in near future the remaining jail sentence 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 aforesaid factual backdrop and period of custody of this appellant without expressing any opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A No. 23427 of 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant Ramu @ Ramkumar is hereby suspended and it is directed that the appellant be released on bail on his 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,

Bhopal on 8 th May, 2023 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 rule.

                             (SUJOY PAUL)                                           (SMT. ANJULI PALO)
                                JUDGE                                                     JUDGE

                          vivek




Signature Not Verified
Signed by: VIVEK KUMAR
TRIPATHI
Signing time: 2/24/2023
10:38:44 AM